They are the rules that govern the functioning of the association, govern owner relations, and contribute to peaceful coexistence on the property.

When a community of owners is formed on a building or a group of properties, the new entity must be registered and statutes must be drafted. These are legal documents that establish the norms and rules that govern the operation of the association and govern the owners’ relationships.

What do the statutes include?

The statutes, among other things, define the organization and operation of the owners’ meetings, the frequency and manner in which they must be called, the right to vote and participate in said meetings, and the decision-making process regarding the property.

They also stipulate the owners’ obligations and rights, also including maintenance fees, cleaning of common areas, and aesthetic standards. They may also include how the building’s regular expenses for repairs or renovations must be distributed.

The rules of coexistence that regulate the use of common areas, the prohibition of making noise at certain times, or other aspects that may cause conflict between the owners may be included in the association’s statutes. Another aspect to regulate is the carrying out of works or remodelling in the houses, with requirements on how to notify neighbours that work is being carried out, or limitations if these affect the common or visible areas.

In order for the statutes of the owners’ association to be binding and, therefore, obligatory for all owners, they must be registered in the Property Registry and available to third parties, so that future buyers of homes or plots on the property can consult them before buying.

Not all associations have statutes

Owner’s associations are not required to have statutes, and if one does not exist, the community is governed by the Horizontal Property Law, which includes generic regulations on the distribution of expenses and voting rights in decision-making. It is not an easy task to draught statutes that meet the conditions for being binding and do not contradict the Horizontal Property Law, which would render them invalid. For this reason, MR Gestió in Cambrils recommends that you leave the drafting and presentation to the Property Registry to a specialised company.