What are the internal rules of a homeowners' association?

At Meridional, Administradores de Fincas from Mijas for the whole of the Costa del Sol, we know that living in a community of owners can be as complex as it is rewarding. The rules of procedure are a fundamental tool for solving day-to-day challenges and complementing community statutes. If you have ever wondered what they are, how they are applied and what benefits they provide, this article will give you all the answers. We will also explain how Meridional can help you manage these rules efficiently.

What are the rules of procedure?

The rules of procedure are a set of specific rules that apply to the day-to-day running of a community of owners. While the statutes regulate structural and fundamental aspects, such as participation fees or the use of facilities, the internal rules focus on practical issues that affect daily coexistence.

Common examples include:

• Timetables for the use of the swimming pools and common areas.
• Noise regulation at certain times.
• Rules on the use of car parks or common areas.
• Temporary restrictions for works on dwellings.

These rules are more flexible than the bylaws, as they can be modified with a simple majority at the owners' meeting. This makes them an agile tool to adapt to the changing needs of the community.

 Does your community need clear and well-drafted rules of procedure? Contact Meridional and we will help you to implement them.

Why are internal rules important?

The internal rules offer multiple benefits to a community of owners. Among the most important of these are:

1. FlexibilityUnlike bylaws, these rules can be quickly adjusted by simple majority agreement. This makes it possible to adapt to new circumstances, such as the installation of new installations (e.g. solar panels or electric chargers).
2. Rapid conflict resolutionThey address everyday problems such as noise or misuse of common areas, preventing them from escalating into major disputes.
3. Promoting coexistenceBy regulating practical details, they contribute to a more respectful and harmonious environment between neighbours.
4. Greater clarity and organisationThese rules establish a clear framework for day-to-day activities, reducing misunderstandings.

A practical example: if a community decides to install a swimming pool, the internal rules can establish the hours of use, hygiene rules or limitations for guests. All this helps to ensure that the pool is enjoyed in an orderly and conflict-free manner.

Key differences between statutes and rules of procedure

While both documents are essential, it is important to understand their differences in order to maximise their usefulness:

How do they complement each other?

The internal rules are a set of rules and procedures that regulate the coexistence and proper use of the services and common areas in a community of owners. These rules complement the statutes in the following way:

1. Scope: While the by-laws contain fundamental rules on the constitution and exercise of the right of each owner, the house rules focus on specific details of daily coexistence.4.
2. Flexibility: Internal rules are easier to amend than bylaws, allowing for quicker adaptation to the changing needs of the community.

How the rules of procedure are adopted and amended

The process for establishing or changing internal rules is relatively straightforward:

1. ProposalAn owner, the chairman or the administrator submits a proposal for new rules or changes to existing rules.
2. Board discussionDuring the owners' meeting, the proposal is discussed to ensure that it meets the needs of the community.
3. VotingThey are approved by a simple majority of the votes cast, facilitating their implementation.
4. CommunicationIt is essential that the new rules are clearly communicated to all owners, whether through minutes, notice boards or digital platforms.

 At Meridional, we help you to manage this process so that it is transparent and effective. Contact us for more information.

Common mistakes in managing internal rules of procedure

Although they are a valuable tool, house rules can become ineffective if they are not properly managed. Some common mistakes are:

1. Ambiguous wordingUnclear rules can lead to contradictory interpretations and conflicts.
2. Lack of updatingThe rules need to adapt to new needs of the community, such as technological developments or changes in regulations.
3. Ignorance on the part of neighboursIf owners are not aware of the rules, they are unlikely to comply with them. Communication is key.

Avoiding these mistakes with the help of a professional administrator ensures that the rules are useful and effective.

Digitisation: a step forward for internal standards

In the digital age, homeowners' associations can greatly benefit from the digitisation of internal rules. Having these documents available in digital format makes it easier:

• Quick and easy accessOwners can consult the rules from anywhere.
• Better communication: Any changes or updates can be shared quickly.
• TransparencyStrengthens trust among neighbours by having clear access to existing regulations.

At Meridional, we offer digital solutions that allow communities to manage their rules and bylaws in a modern and efficient way.

Internal rules and the Horizontal Property Law

Although the house rules offer flexibility, it is important to remember that they must comply with the Horizontal Property Law. For example:

• They cannot contradict fundamental rights of owners.
• They must respect the agreements set out in the statutes and the general legal framework.

Therefore, the advice of an experienced administrator is essential to ensure that the rules are valid and enforceable.

Consult the Horizontal Property Law here.

Case studies: how internal rules improve coexistence

A common case: a community with night-time noise problems establishes in its internal rules a time limit for noisy parties or gatherings. This reduces the number of complaints and improves the quality of life of the neighbours.

Another example: in a community with a small lift, internal rules limit the use of the lift for moving or transporting bulky objects at peak times. This avoids inconvenience for the other owners.

What legal consequences may arise if the house rules are not complied with?

Failure to comply with the internal rules of a homeowners' association can have various legal consequences:

1. Financial penalties: The community can impose fines on owners or residents who violate the established rules.
2. Suspension of rights: In some cases, the offender's right to use certain services or common areas may be temporarily suspended.
3. Legal action: If the infringements are serious or persistent, the community can take legal action against the offender.1.
4. Disciplinary proceedings: The regulations may establish specific procedures and sanctions for non-compliance, with a view to maintaining order in the community.3.

It is important to note that, although these rules are mandatory, the homeowners' association does not have the power to impose sanctions directly. 

The process usually begins with a notice to the offending owner, urging him to comply. If non-compliance persists, the community may resort to more serious legal action.

The effectiveness of these consequences depends to a large extent on how the rules are drafted in the rules of procedure and their conformity with existing laws and statutes. It is therefore crucial that these rules are clear, specific and legally valid so that they can be effectively enforced in the event of non-compliance.

Does your community need internal rules? Trust Meridional

The rules of procedure are essential to practically and efficiently manage the daily needs of your community. At Meridional, Administradores de Fincas from Mijas for the whole of the Costa del Sol, we have been helping communities to successfully implement these standards for over 20 years.

Contact us and find out how we can transform coexistence in your community. Click here for more information!