Living together in homeowners’ associations is a common source of doubts and conflicts. To address these situations, the Horizontal Property Law (LPH) has for decades regulated the rights and obligations of neighbors and communities in Spain, and it has been subject to several amendments and updates over its more than 60 years of existence.
The latest major reform, approved in January 2025 and in force since April 3, was last reviewed in the Official State Gazette (BOE) on July 24, 2025, and introduces significant changes that affect many owners in communities.
One of the main thrusts of the new LPH is the modernization of community management.
Digitization of procedures and communications, allowing convocations, notifications and minutes to be accelerated, reducing delays and administrative costs.
Telematic or mixed meetings, provided the identity of participants and the proper conduct of the meeting are guaranteed.
Express use of email and other electronic means for convocations, internal communications and sending minutes, subject to the owner’s prior consent.
Flexibility in proving digital receipt of documents and agreements, making it easier for the community to demonstrate proper notification through various systems.
Article 21 of the LPH focuses on nonpayment of fees and common expenses, one of the most frequent problems. The law strengthens tools against delinquency:
The community may impose interest rates higher than the legal rate or temporarily restrict the use of services and facilities (provided habitability is not affected).
The delinquent owner loses the right to vote at the Assembly.
Judicial claims for debts under €2,000 are allowed through a special expedited payment procedure, without the need for a lawyer or court representative.
It is made easier for the community to claim all fees for the year, not only those that are overdue.
In persistent cases, the community may request the seizure of the debtor’s assets, both financial and real estate.
These measures seek to protect communities, preventing compliant neighbors from bearing the burden of those who do not pay.
The new wording confirms that owners can demand liability for unauthorized works that affect the structure, aesthetics or safety of the building.
In addition, the procedure is reinforced to compel immediate restoration when works carried out without permission affect essential common elements.
This affirms the principle that individual decisions cannot harm the community as a whole.
The law clarifies one of the most contentious points of recent years: the proliferation of tourist flats.
For a neighbor to be able to use their dwelling for tourist purposes, the agreement of 3/5 of the owners is required, who must also represent 3/5 of the quotas.
The community may also establish special expense quotas or increase them by up to 20% for these dwellings.
It is clarified that this majority applies to new authorizations: tourist flats already registered before April 3, 2025 may continue operating except where regional regulation provides otherwise.
Sustainable energy: solar panels and charging points
Solar panels in common areas: require a favorable vote by a simple majority of owners, provided the cost does not exceed two ordinary monthly common expense payments after subsidies.
Approval of energy efficiency works is facilitated with more flexible majorities.
Charging points for electric vehicles (art. 17.5 LPH): any owner may install them in their individual parking space without needing authorization, merely by notifying the community and assuming the installation and consumption costs.
In older buildings, the obligation or recommendation to carry out energy audits and efficiency studies is introduced to plan improvements.
These measures facilitate self-consumption and electric mobility, removing obstacles that previously hindered energy efficiency projects.
Another key novelty: the community is obliged to remove architectural barriers (such as installing elevators or ramps) when requested by owners over 70 years old or people with disabilities, provided the annual cost does not exceed 12 ordinary monthly common expense payments or there is sufficient public financing.
The law reinforces the right to universal accessibility and prevents blockages by minorities.
The LPH also regulates everyday aspects that generate friction:
Strengthening of injunction actions against nuisance, unhealthy, harmful or illegal activities.
The community may regulate or limit the use of the elevator with pets if it is considered a nuisance or unhealthy activity, always through a valid Assembly agreement.
Clear criteria are incorporated for the installation of video surveillance cameras in common areas, which require reinforced majorities and strict compliance with data protection regulations.
Although the new regulations toughen certain measures, they also promote the amicable and swift resolution of conflicts.
Before initiating legal actions in many matters (Assembly agreements, works, nuisance activities, conflicts over common elements or non-expedited economic claims), it is mandatory to attempt an Alternative Dispute Resolution Mechanism (MASC), such as mediation or conciliation.
This prior requirement aims to reduce litigation and streamline the administration of justice, promoting agreements among owners.