5 Major Legal Changes Every Homeowners’ Association Must Know in...

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5 Major Legal Changes Every Homeowners’ Association Must Know in 2025

In 2025, homeowners’ associations in Spain face significant legal changes that will directly impact their organisation, management, and community life. At Martin Properties, specialists in community and estate management, we have prepared this guide to help you understand the key changes and adapt your community to the new legal requirements efficiently and professionally.

Being informed and acting promptly can make the difference between a well-organised, functional community and one that accumulates conflicts, fines, or financial imbalances. That is why this article not only summarises the most important legal developments of the year but also provides practical recommendations to help your community anticipate challenges and take advantage of the opportunities brought by the new legislation.

1. New Regulation on Tourist Apartments

From April 2025, any owner wishing to rent out their property as a tourist apartment will require the consent of the community. This authorisation must be approved by a three-fifths majority at the Owners’ Meeting. This change strengthens communities’ rights to decide on property use and its impact on community life.

The proliferation of tourist apartments has caused controversy in many neighbourhoods due to increased noise, deterioration of common areas, and a sense of insecurity. This legislative reform seeks to balance owners’ rights with the general interest of the community. At Martin Properties, we assist in drafting and registering community agreements correctly, avoiding challenges or formal errors that could invalidate key decisions.

2. Promotion of Energy Efficiency in Communities

Homeowners’ associations will be required to comply with new energy efficiency standards in the coming years. Measures include installing renewable energy systems and improving thermal insulation in older buildings. These actions may be eligible for state or regional grants, which can be managed by community management companies such as Martin Properties.

Compliance with the Recovery, Transformation and Resilience Plan requirements means that many communities will need to carry out energy audits and rehabilitation projects before 2030. Our role as administrators includes applying for grants, coordinating with architects and certified technicians, and supervising works from both a technical and financial perspective.

3. Mandatory Digitalisation of Minutes and Notices

The Horizontal Property Law in 2025 introduces the obligation to store meeting minutes digitally and to send notices electronically, unless an owner explicitly opts out. This requires the community to have a secure digital communication system, which a professional management company can implement and supervise.

This development reduces costs, speeds up information flow, and increases transparency. At Martin Properties, we have integrated certified platforms that allow documents to be stored, shared, and signed digitally, ensuring regulatory compliance and protecting owners’ interests. We also train residents in using these tools to facilitate a smooth transition.

4. Strengthening Procedures Against Defaulting Owners

With the new amendments, the order for recovery procedure for community debts is streamlined. Communities can submit a certification of the decision taken at the meeting along with a detailed breakdown of the debt to initiate legal proceedings, reducing time and costs. Martin Properties manages these claims efficiently, safeguarding your community’s financial health.

The new framework also allows for consolidated claims if the same owner has debts in multiple communities, increasing the effectiveness of legal action. Additionally, the possibility of including interest and legal costs is reinforced, enabling recovery of some expenses incurred during the process. Our in-house legal services optimise this process to minimise delinquency.

5. Right to Access Court-Appointed Administrators in Vulnerable Communities

Communities facing organisational difficulties, widespread non-payment, or neighbourhoods at risk of social exclusion may request a Court-Appointed Estate Manager (AFO), a role supported by public authorities. This professional will regularise the legal and technical situation of the building. At Martin Properties, we advise communities on how to access this resource when needed.

This measure seeks to guarantee the right to live in safe and dignified conditions, even when the community lacks the means to hire private management. In many cases, the intervention of an AFO allows unlocking public grants, repairing hazardous facilities, or updating legal documentation. Our team collaborates with local councils and professional associations to identify and assist these communities efficiently and responsibly.

The 2025 legislative update represents an opportunity to professionalise community management and prevent conflicts. At Martin Properties, we specialise in proactive, personalised management tailored to the new regulations.

Every community is unique and requires bespoke solutions. Our team is ready to provide a comprehensive service, covering financial and legal management, digitalisation, and sustainable rehabilitation. If your community needs advice or a free review of its legal and documentary status, contact us today and discover how we can help you comply with the law while improving the quality of life for all residents.

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