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Horizontal Property Law regulates common areas and terrace enclosures
Under Horizontal Property Law, owners face specific restrictions regarding the modification of common elements and the use of shared spaces within residential buildings.
Regarding exterior spaces, Article 7 stipulates that owners may modify architectural elements or installations only if such changes do not compromise the building's security, structure, configuration, or exterior appearance, and do not infringe upon the rights of other owners. Specifically, enclosing a terrace or balcony requires approval from three-fifths of the owners representing three-fifths of the participation quotas. If an affected neighbor is involved, their express consent is also required. Unauthorized enclosures may result in a court-ordered demolition and damages.
Regarding common areas such as gardens, pools, or social rooms, Article 6 allows communities to establish schedules and conditions for use. While communities can limit celebrations that cause disturbances, they cannot apply rules selectively to specific individuals. Furthermore, Article 7 prohibits activities that are nuisance, harmful, unhealthy, dangerous, or illegal. If a resident fails to cease such activities after being requested to do so by the community president, the matter may be escalated to a judge, who has the authority to revoke the right of use of the common area.
Entities
Claims
What the coverage asserts, and how many sources carry each claim.
- [○ 1 SOURCE] Judges have the power to revoke the right of use of common areas for non-compliant residents. www.que.es
- [○ 1 SOURCE] If a terrace is enclosed without authorization, the community can force its demolition. www.expansion.com
- [○ 1 SOURCE] Communities are prohibited from applying rules selectively to specific neighbors. www.que.es
- [○ 1 SOURCE] Communities can set schedules and conditions for the use of common areas like gardens and pools. www.que.es
- [○ 1 SOURCE] Enclosing a terrace requires approval from three-fifths of owners representing three-fifths of the participation quotas. www.expansion.com
- [○ 1 SOURCE] Article 7 prohibits activities that are nuisance, harmful, unhealthy, dangerous, or illegal within the property. www.que.es
- [○ 1 SOURCE] A community president can request a resident to cease activities that violate property laws. www.que.es
- [○ 1 SOURCE] Owners may modify architectural elements if they do not alter the building's security, structure, or exterior appearance. www.expansion.com