Guide for owners' meetings and residents
Rules for using the common areas in a community of owners
What the Ley de Propiedad Horizontal (LPH, Spain's Horizontal Property Act) and the royal decree on swimming pools say about using the common areas: who sets the rules, how they are approved, what happens if someone doesn't follow them and what information the community pool must have on display.
By the Vecinar team · Updated on
What each resident must respect in the common areas
Each owner is a co-owner, together with the others, of the common elements and services (art. 3.b of the Ley de Propiedad Horizontal). Among their obligations is to "respect the community's general installations and other common elements […] making proper use of them and at all times avoiding causing damage or deterioration" (art. 9.1.a).
Bylaws and house rules
The bylaws (estatutos) can include provisions on the use or purpose of the building, its installations and services (art. 5). Approving or amending their rules, for resolutions not expressly regulated in art. 17, requires unanimity (art. 17.6).
The house rules (normas de régimen interior) serve "to regulate the details of living together and the proper use of common services and facilities", within the limits of the law and the bylaws, and bind every owner "until they are amended in the manner provided for adopting resolutions on administration" (art. 6). Approving them is a matter for the owners' meeting (art. 14.d).
What happens if someone doesn't follow the rules
Activities that are prohibited in the bylaws, that damage the property or that breach the general provisions on annoying, unhealthy, harmful, dangerous or unlawful activities are not allowed in the unit or in the rest of the building (art. 7.2). The president, on their own initiative or at the request of any owner or occupant, demands that they stop immediately; if the offender persists, the president can bring an action for cessation with the prior authorisation of the owners' meeting (art. 7.2).
A resolution of the owners' meeting can be challenged if it is contrary to the law or the bylaws, seriously harmful to the community for the benefit of some owners, or causes serious harm to an owner (art. 18.1). The right to challenge expires after three months, or after one year if the resolution is contrary to the law or the bylaws (art. 18.3).
Rules for the community swimming pool
Real Decreto 742/2013 (the royal decree on swimming pools) classifies the pools of communities of owners as private-use pools of type 3A (art. 2.3). As a minimum, they must comply with its articles on pool characteristics, water treatment, chemicals, water and air quality, incident situations and part of the information to the public (art. 3.2). The competent regional or local authority can require compliance with the rest of the royal decree (arts. 2.11 and 3.2).
That information to the public must be kept in an accessible and visible place and includes, among other things, "the rules for using the pool and the rights and duties of its users", whether or not there is a lifeguard along with the phone numbers of emergency services and nearby health centres, and the chemicals used in the treatment (art. 14.d, e and f).
Clear rules, bookings without arguments
Rules work better when they enforce themselves. In Vecinar each common area carries its own booking rules.
- Each common area with its own opening hours, slots, capacity and days of advance booking.
- A limit on active bookings per unit, so nobody hogs the court or the roof terrace.
- Each area's rules, written down and visible when booking.
- Areas that can't be booked (a garden, a corridor) still accept incidents.
Frequently asked questions
Who approves the house rules?
The owners' meeting (art. 14.d of the Ley de Propiedad Horizontal). They bind every owner until they are amended in the manner provided for adopting resolutions on administration (art. 6).
Can the bylaws be changed by majority?
Resolutions not expressly regulated in art. 17 that approve or amend rules in the bylaws require the unanimity of all the owners representing all the shares (art. 17.6).
Do the community pool rules have to be on display?
Yes for community pools (type 3A): RD 742/2013 requires the rules for using the pool and the rights and duties of users to be made available to users in an accessible and visible place (art. 14.f, applicable under art. 3.2).
What can the community do if a resident breaks the rules?
The president demands that whoever is carrying out prohibited activities stop immediately and, if they persist, can sue them with the authorisation of the owners' meeting (art. 7.2).
How are bookings set up in Vecinar?
Each common area has its own policy: booking slots, opening hours, capacity, maximum number of active bookings per unit, days of advance booking and free-text rules. Bookings count per unit, not per person.
Sources
- Ley 49/1960, de 21 de julio, sobre propiedad horizontal (texto consolidado, BOE, actualizado el 05/10/2026)
- Real Decreto 742/2013, de 27 de septiembre, criterios técnico-sanitarios de las piscinas (BOE)
This guide is for information only and is not legal advice. Check your community's bylaws too. The Ley de Propiedad Horizontal (LPH, Spain's Horizontal Property Act) is national law: in Catalonia, Book Five of the Civil Code of Catalonia applies instead.