Where can I consult the statutes of the homeowners' association?

At Meridional, Administradores de Fincas from Mijas for the whole of the Costa del Sol, we understand how important it is for owners to have clear rules governing coexistence. The statutes of the community of owners are a fundamental pillar for maintaining order and harmony. If you have ever wondered where and how to access these key documents, this article is for you. We will guide you step by step so that you can consult them and understand their relevance in the daily management of your community.

How can I make sure that my community statutes are up to date?

To ensure that your community statutes are up to date, you can follow these steps:

1. Request an updated copy to the president or administrator of the community. They should have the most recent version available.
2. Check the date of the last modification in the document.. If several years have passed, they may need to be updated.
3. Check whether the articles of association are registered in the Land Registry.. The registered articles of association are those which are legally valid vis-à-vis third parties.
4. Check if the content reflects the current situation of the communityWhat are the statutes of the community of owners?

The statutes of the community of owners are a set of rules agreed by neighbours to regulate essential aspects of coexistence and administration. This document establishes, for example:

• The use of common areas such as gardens, swimming pools or lifts.
• Rules on activities permitted (or not) in properties, such as tourist rentals.
• Sharing of common expenses.
• Limitations on works on private property.

Having these clear and accessible bylaws benefits all owners, as it prevents conflicts and facilitates a more harmonious coexistence.

Does your community need to update or register its statutes? Contact Meridional and we will take care of everything.

Where can you consult the statutes of the community of owners?

There are several ways to access the statutes of the community of ownersdepending on how they are registered and preserved. These are the most common options:

Administrator or president of the community

The administrator or the president usually has a copy of the statutes. You can request the document directly from them. At Meridional, our administrators always have these documents available for owners.

2. Land Registry

If the articles of association are registered, you can request a copy from the relevant land registry office. This step is important, as only registered articles of association are legally valid against third parties.

Find out here how to locate your nearest Land Registry.

3. Deeds of sale or condominium

In some cases, the statutes are included as annexes in the deed of sale of the property or in the deed of incorporation of the condominium. Check your documentation to see if you already have a copy.

5. nity. If you notice that some aspects are outdated or that important issues are not addressed, an update is probably necessary.
6. Propose at the next owners' meeting a revision of the bylaws if you consider them to be outdated. Remember that any modification requires the unanimous agreement of the owners.
7. If changes are approved, make sure that minutes are drafted.The agreement is signed by the chairman and secretary, and all owners are notified.
8. Once the changes have been approved, verifies that they are registered in the Land Register. in order to have full legal validity.

It is advisable to review the bylaws periodically to adapt them to the new needs of the community and to changes in legislation.

Why is it important to have up-to-date statutes?

The statutes of the community of owners are not just a legal document; they are a key tool to ensure efficient management and peaceful coexistence. Some of the advantages of having up-to-date bylaws include:

• Avoiding conflictThey reduce disputes by establishing clear and agreed rules.
• Comply with the Horizontal Property LawStatutes adapted to current regulations prevent legal problems.
• Securing entry in the land registerThis ensures that the statutes are binding even for new owners.

What impact does the lack of registration have on coexistence between owners?

Failure to register the statutes of a homeowners' association can have several impacts on coexistence:

1. Lack of obligation for new owners: Recent purchasers of property in the community will not be legally bound by the contents of the unregistered bylaws.
2. Regulatory ambiguity: Confusion may arise as to the rules applicable in the community, which could lead to conflicts between owners.
3. Difficulty of implementation: In the absence of full legal force, it can be difficult to enforce the rules set out in the bylaws on all members of the community.
4. Inequality between owners: Only those owners who were involved in the original approval of the bylaws will be obliged to comply with the bylaws, creating an unequal situation between neighbours.
5. Potential conflicts: Lack of clarity on applicable rules can lead to disagreements and disputes between residents.
6. Limited regulation of common spaces: Without registered bylaws, there may be uncertainty about the use and maintenance of shared areas.

To avoid these problems and to ensure harmonious coexistence, it is advisable to register the statutes in the Land Registry, which will give them full legal validity and will oblige all owners, present and future, to comply with them.

What happens if the statutes of my community are not registered in the Land Registry?

If the statutes of your community are not registered in the Land Registry, the following happens:

1. Only owners who were involved in their original signing or approval are obliged to comply with them.13.
2. New owners or purchasers will not be legally bound to comply with the contents of these unregistered bylaws.12.
3. The statutes will have no legal force vis-à-vis third parties, which may lead to problems of implementation and enforcement.1.
4. The opportunity is lost for any interested parties, such as new buyers or tenants, to easily learn about the rules governing the community.2.
5. There may be ambiguity in the rules of coexistence and responsibilities of the owners, which could lead to potential conflicts.2.

To avoid these situations, it is advisable to register the bylaws in the corresponding Land Registry, which will give them full legal validity and oblige all owners, present and future, to comply with them.

Difference between statutes and rules of procedure

Although the terms are often confused, the internal rules are not the same thing as the statutes of the community of owners.

• StatutesThey are more structural and regulate key aspects, such as quotas or use of facilities. They require unanimity for approval or modification.
• Internal rulesThey regulate more day-to-day matters, such as timetables for the use of common areas. They can be modified by a simple majority and are flexible to adapt to day-to-day needs.

Find out more about the rules of procedure in our dedicated article.

Relationship with the Horizontal Property Law

It is important to know that the statutes of the community of owners cannot contradict the Horizontal Property Law, which establishes the basic legal framework for all communities in Spain. For example:

• The articles of association cannot limit the fundamental rights of the owners.
• They must respect the rules on the participation quota and the majorities required for decision-making.

If you need advice on how to draft bylaws that comply with the law, Meridional can help you.

What if your community does not have statutes?

Although it is not compulsory to have bylaws, their absence can lead to uncertainty and conflicts. If your community does not yet have them, we recommend that you draft them with the help of a professional administrator. Well-drafted bylaws:

• They provide clarity on rights and duties.
• They facilitate decision-making.
• They promote coexistence based on mutual respect.

Rely on Meridional to manage your community

At Meridional, we have been helping homeowners' communities in Mijas and the Costa del Sol to manage their real needs for more than two decades. We know that some statutes of the community of owners Well drafted and up to date bylaws are essential for the success of any community. If you need help consulting, drafting or registering bylaws, we are here for you.

Contact us today and transform the management of your community with Meridional. Click here for more information!