What is the Horizontal Property Law and How Does It...

The Horizontal Property Law is the legal framework that regulates everything related to homeowners’ associations, from their creation to their operation and dissolution. It is an essential law for those living in shared properties, such as apartment buildings or residential complexes.

Since its approval on 21 July 1960, this regulation was designed to address a new reality: urban growth and the need to legally organise coexistence in buildings and residential developments. At that time, Spain was experiencing a period of strong economic and social development, which required a clear and fair system to regulate shared property.

What does the Horizontal Property Law regulate?

The law establishes the foundations for the internal organisation of a homeowners’ association, the roles of the president, secretary and property manager, the rights and duties of each resident, the rules for convening and holding meetings, and decision-making regarding works, budgets and repairs. One of the most complex issues often involves the division of units or premises within a building, as this requires community participation and approval.

Key Functions of the Property Manager

At Martin Properties, as experts in community management in Marbella and the Costa del Sol, we know that good management starts with a clear understanding of the responsibilities of the property manager, as set out in Article 20 of the Horizontal Property Law: ensuring the proper functioning of facilities, services and common areas, drawing up an annual budget of foreseeable expenses, managing urgent repairs and reporting them to the president and/or property owners, handling payments, collections and supervising community accounts, and acting as secretary at meetings, keeping and providing community records. In addition, by agreement of the assembly, other specific functions may also be entrusted to the manager.

How often should the community meet?

According to Article 16.1, the community must hold at least one ordinary meeting per year. During this meeting, budgets are reviewed and approved, disputes are resolved, and key decisions are taken regarding the coexistence and maintenance of the property.

Do you have doubts about how this law applies to your community? Do you need help managing your homeowners’ association? At Martin Properties, we have decades of experience helping property owners manage their buildings and communities with transparency, efficiency and a personal touch.