What to do in the event of a squatting situation in a homeowners' association

The "squatting", the "squatters", have all the owners of second homes, who are the majority of our community members, very worried. For them, we wanted to prepare in SouthernThis article explains how to act in the event of a squatting situation in a community of owners.

Squatting from the point of view of the community and the administrator

When there is an illegal occupation of a dwelling, known as "squatting", the affected party is always the owner of the dwelling, but cannot be considered the only one.

When that dwelling is included in a community of owners, It is the entire community that is affected in various ways by the occupation. The usual thing is to suffer the nuisance and illegal behaviour, whether it is against the squatted property itself or against the rest of the common areas. 

 The repossession of the squatted property can only be carried out at the request of the owners of the property. They are the ones who have to initiate the legal procedure for repossession, even though the homeowners' association can also take legal action. 

What concrete initiatives can the homeowners' association take?

In principle, if another owner of the community witnesses the illegal occupation of one of the properties, The person can report as a witness to an offence of breaking and entering. 

However, we would like to remind you that in case the squatting has already taken place, it is up to the owner to initiate the administrative and legal steps to start the restitution process. 

 The law allows the homeowners' association to take any legal action against the squatters that it deems necessary. 

In case they carry out actions or activities that disturb the other owners, whether these are illegal or dangerous or any other activities that go against the rules contained in the statutes of the community, the community can take legal action.

The Horizontal Property Law. Proceedings against nuisance squatters

These actions are regulated in the Horizontal Property LawArticle 7 and following, where it is stated that the owners or occupants of the dwelling may not carry out "activities prohibited in the bylaws, which are harmful to the property or which contravene the general provisions on annoying, unhealthy, harmful, noxious, dangerous or unlawful activities". 

In this way, it is regulated in the LPH that the president of the community may require the cessation of the activities causing the nuisance to all the other members of the community. "under penalty of prosecution". 

If the squatters continue with the annoying and disruptive activities, the president, after agreement with the owners' meeting, will be entitled to file a lawsuit. In this, the following must be attached evidence of such activities, accompanied by the minutes of the meeting which approved the claim.

Resolution

This type of lawsuit is resolved by means of an ordinary trial in which the judge can order, in addition to the cessation of the activity and compensation for damages, the deprivation of the right to use the dwelling for a period of no more than three years.

In addition, if the offender is not the owner, the judgement can declare all your rights to the property to be definitively extinguished, as well as immediate repossession, which would immediately return the use of the property to the owner. 

What should be the role of the property administrator in a squatting situation?

Squatting has increased in the current economic situation, with Barcelona being the city most affected by this practice. This is a major headache for the homeowner. In addition, if the dwelling is in a building or a community of neighbours, at may be affected by noise and nuisance practices carried out by them. 

When it comes to taking action to put an end to this situation, the process to be carried out is long and slow.. This The process entails costs for the homeowner and in which the community of neighbours may take a leading role in some cases. 

What can the property administrator do?

A property administration consists of professionals in charge of managing the affairs and problems of homeowners' associations and neighbours. The main objective ranges from solving maintenance problems to budgetary and economic management of the community. 

All of the basic tasks performed by property administrators are described in Article 20 of the Horizontal Property Law. The functions of the administrator include the following: 

1. Ensuring the good housekeeping of the house, its facilities and servicesand, to this end, to issue the appropriate warnings and warnings to the holders.
2. Preparing in advance and submitting to the Board the forward expenditure plan, proposing the necessary means to deal with them.
3. To take care of the upkeep and maintenance of the house, arranging for urgent repairs and measures, reporting immediately to the chairman or, as the case may be, to the owners.
4. Executing the agreements adopted in the field of works and to make the appropriate payments and recoveries.
5. Act, where appropriate, as Secretary of the Board and to keep the community's documentation at the disposal of the owners.
6. All other powers conferred by the Board.

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

Undoubtedly, before any illegal occupation that occurs in the building or in a community, it is imperative to that the said community has a property administrator to advise and assist from the outset. In this way, community services can be maintained and the police and judiciary can work together to reintegrate the property. 

It is undoubtedly the property manager who must be aware of the legislation concerning "squatting". He/she should support the filing of a complaint in case of persistent nuisance activities by the president of the community, especially, and as is normal, if the latter is not well acquainted with the legal procedures.