What to do in the event of a squatting incident in a residents’ association

“Squatting” and “squatters” are a major cause for concern amongst all owners of second homes, who make up the majority of our residents. With them in mind, we have decided to prepare Southern, this article explains what to do in the event of a squatting incident in a homeowners’ association.

Squatting from the perspective of the community and the property manager

When a property is illegally squatted in – a practice known as “okupar” – the person affected is always the owner of the property, but they cannot be regarded as the only one.

When that property is part of a owners’ association, It is the entire community that is affected in various ways by this occupation. It is common to have to put up with the nuisance and unlawful behaviour, whether directed at the squatted property itself or at the other communal areas. 

 The property that has been squatted in can only be reclaimed at the request of the owners. It is they who must initiate the legal proceedings to reclaim it, although The owners’ association may also take legal action. 

What specific measures can the owners’ association take?

In principle, if another owner in the community witnesses the unlawful occupation of one of the properties, He may give evidence as a witness in a case of breaking and entering. 

However, we would like to reiterate here that, should the squatting have already taken place, it is the owner’s responsibility to initiate the administrative and legal procedures required to begin the process of repossession. 

 The law allows the owners’ association to take whatever legal action it deems necessary against squatters. 

Should they carry out actions or activities that cause a nuisance to the other owners – whether these are of an illegal or dangerous nature, or any others that contravene the rules set out in the community’s articles of association – the community may take legal action.

The Condominium Act. Procedures for dealing with troublesome squatters

These actions are governed by the Horizontal Property Law, in Article 7 et seq., which stipulate that the owners or occupants of the property may not carry out “activities prohibited by the articles of association, which cause damage to the property or which contravene ”the general provisions on activities that are a nuisance, unsanitary, harmful, dangerous or unlawful”. 

The LPH therefore stipulates that the chair of the residents’ association may demand that activities causing a nuisance to all other residents be brought to an end “on pain of taking the appropriate legal action”. 

If the squatters continue with their disruptive and harmful activities, the chairman, following agreement with the owners’ committee, will be entitled to bring a claim. The following must be attached to this: evidence demonstrating such activities, accompanied by the minutes of the meeting at which the claim was approved.

Resolution

Claims of this kind are resolved through ordinary court proceedings, in which the judge may order, in addition to the cessation of the activity and compensation for damages, the deprivation of the right to use the property for a period not exceeding three years.

Furthermore, if the offender is not the owner, The judgement may declare that all their rights in respect of the property have been definitively extinguished and order their immediate eviction, which would immediately restore possession to the owner. 

What should the role of the property manager be in the event of a ‘squatting’ situation?

Illegal squatting has increased in the face of the current economic situation, with Barcelona being the city most affected by this practice. This It is a major headache for the homeowner. Furthermore, if the property is in a building or a housing estate neighbourhood, is may be affected because of the noise and disruptive behaviour they cause. 

When it comes to taking action to put an end to this situation, The process involved is long and slow. This This process involves certain costs for the homeowner, and in some cases the residents’ association may play a key role. 

What can a property manager do?

A property management company consists of professionals responsible for managing the affairs and issues of owners’ associations and neighbours. The main objective ranges from resolving maintenance issues to managing the community’s budget and finances. 

All the basic duties carried out by property managers are set out in Article 20 of the Horizontal Property Law. The administrator’s duties include the following: 

1. To ensure the smooth running of the house, its facilities and services, and to issue the appropriate warnings and notices to the account holders for this purpose.
2. Prepare well in advance and submit to the Board the forecast expenditure plan, proposing the necessary measures to tackle these issues.
3. To look after the upkeep and upkeep of the house, arranging for any urgent repairs and measures to be carried out, and reporting these immediately to the chairman or, where applicable, to the owners.
4. Implement the agreements reached regarding building works and to make the necessary payments and collect the relevant amounts.
5. To take action, where appropriate, as secretary of the Board and to keep the community’s documentation available to the owners.
6. Any other powers conferred by the Board.

The administrator must be present from the very first minute of the squatting

Without a doubt, in the event of any unlawful occupation taking place in the building or within a residents’ association, it is essential that that the community has a property manager to provide advice and assistance right from the start. In this way, community services can be maintained and we can work with the police and the courts to return the property to its rightful owner. 

It is undoubtedly the property manager who must be familiar with the legislation relating to “squatting”. They must ensure that a complaint can be lodged should disruptive activities persist, particularly on the part of the chair of the residents’ association, and, as is to be expected, if the latter is not fully familiar with legal procedures.