Properly managing repairs and improvements in a homeowner's association is essential to ensure the safety, habitability and value of the property. This article discusses the key regulations, procedures and considerations for making informed and equitable decisions, differentiating between necessary repairs and improvements.
Necessary Reparations: Definition and Obligations
Necessary repairs are those essential for the proper maintenance of the building and its common services. According to article 10 of the Horizontal Property Law (LPH), they include works that ensure the safety, habitability and accessibility of the building. These repairs do not require prior approval by the Board of Owners, especially if they are imposed by the Public Administrations or requested by the owners (BOE) (BOE).

Execution of Urgent Repairs
In emergency situations, any owner can carry out the necessary repairs, as long as he/she informs the administrator or president of the community. However, in order to avoid conflicts, it is advisable that the Board of Owners approves these interventions, except in cases of extreme necessity. Subsequently, the owner who initiated the repairs can claim the reimbursement of the costs from the community, provided that he/she has previously communicated the urgency of the works (Horizontal Property Law).
Repairs to Common Elements of Private Use
When a common element of private use, such as a terrace or a garden, needs repairs, the community of owners is obliged to carry them out. The owner with the private use must maintain these elements in good condition, but if the damage is due to his negligence, he may be liable for the repair costs. The Building Law stipulates that the owners must keep the building in good condition through proper use and maintenance (Horizontal Property Law).
Community Improvements: Definition and Endorsement
Improvements are those works that increase the value or comfort of the building without being strictly necessary. According to article 17.4 of the LPH, improvements require the agreement of three fifths of the owners and quotas. If the cost of the improvement exceeds three ordinary monthly payments, the dissenting owners are not obliged to pay, although they cannot be deprived of the use of the improvement (Horizontal Property Law).
Improvement Approval Process
To approve an improvement, it is necessary to notify the absent owners and wait 30 days. If there is no opposition, these owners are considered to be in agreement. This process ensures that the majority of the community is in agreement before proceeding with significant improvements (see below).Horizontal Property Law).
Works on Common Elements
Façade Repairs: Repairs to facades do not require unanimity, as long as they do not alter the configuration of the building. Case law supports the replacement of materials to improve safety and energy efficiency. The replacement of wooden joinery with PVC, for example, can be approved without a special quorum if the need is justified.
Rehabilitation works: Non-urgent refurbishment works require the agreement of a simple majority of the owners. The Board must discuss and approve the terms and select the companies that will carry out the works. It is essential that the Board properly documents the agreements in the minutes to avoid misunderstandings and future conflicts (BOE) (Horizontal Property Law).
Cost Distribution: Repairs vs. Improvements

One of the most critical aspects is how costs are distributed. In the case of necessary repairs, all owners must contribute, as they are essential for the maintenance of the building. In contrast, for improvements, owners who do not agree may be exempted from paying if the costs exceed three ordinary monthly instalments (BOE).
Which are repairs and which are refurbishments?
It is common for conflicts to arise as to which works are considered necessary and which are improvements. In these cases, it is essential that the Board of Owners make clear decisions and properly document the agreements in the minutes. If an owner disagrees, he/she can challenge the decision to protect his/her rights, always within the legal time limit established by article 18 of the LPH (BOE) (Horizontal Property Law).
General advice on how to deal with community reform or upgrading
Financial Advice
Fund Management: Create a reserve fund to cover unexpected repairs. It is recommended that the community allocate a fixed percentage of the monthly fees to this fund.
Grants and subsidies: Investigate and apply for public subsidies for improvements that can increase the energy efficiency or accessibility of the building.
Long-term planning: Establish a long-term financial plan, including a schedule for maintenance and improvements, and foresee the economic impact of these projects.
Specific Responsibilities
President of the Community: Coordinate and supervise the works, ensuring that the agreements of the Board of Owners are complied with.
Administrator: Manage contracts with suppliers and ensure that works comply with current regulations. In addition, keep owners informed of the progress of repairs and improvements.
Owners: Participate in meetings, vote on important decisions and meet financial obligations set by the community.
Preventive Maintenance
Periodic Inspections: Conduct regular inspections of common elements to identify potential problems before they become costly repairs.
Maintenance Register: Keep a detailed record of all repairs and maintenance carried out, which will help to plan future interventions and to justify the costs to the owners.
Hire Professionals: Use the services of professionals to carry out maintenance and repairs, ensuring quality and compliance with legal regulations.
Frequently Asked Questions
Urgent repairs can be paid for initially by any owner, who can then claim reimbursement from the community as long as he/she has previously informed the community about the urgency of the work (Horizontal Property Law).
If the cost of the improvement exceeds three ordinary monthly payments, dissenting owners are not obliged to pay, although they cannot be deprived of the use of the improvement (BOE).BOE).
Improvements require the agreement of three-fifths of the owners. Absent owners must be notified and wait 30 days for possible objections (Horizontal Property Law).
Document all agreements and decisions in the minutes of the Owners' Meeting. If disagreements persist, the owners can challenge the decisions in court within the legally established time limit (BOE) (Horizontal Property Law).
Conclusion
Understanding the difference between necessary repairs and improvements is crucial to the effective management of homeowners' communities. The key is to follow legal procedures and ensure that all decisions are made in a transparent and equitable manner. With good management and communication, it is possible to maintain a balance between maintenance needs and improvements that benefit the entire community. For more information on repairs in homeowners' communities, please consult with a lawyer specialising in civil law(Horizontal Property Law).