How to manage neighbour disputes in an owners’ community

Noise every night, a bicycle blocking the entrance or an argument about the swimming pool can eventually affect an entire community. When these situations persist, the problem extends beyond the original incident: trust between neighbours also starts to break down.

To manage neighbour disputes, it is important to listen to everyone involved, establish the facts and choose a proportionate response. Not every disagreement requires an extraordinary owners’ meeting, but a persistent nuisance should not be left unresolved.

Communities in Fuengirola bring together permanent residents, second-home owners and tenants with different routines and needs. Organised management helps everyone understand the rules and allows problems to be addressed without turning every conversation into a confrontation.

Identify the problem before looking for a solution

Start by establishing what is happening. A personal disagreement is different from a breach of community rules, a maintenance fault or an activity causing a serious nuisance.

• Noise and timing: music, gatherings, household activities or building work that disturb other residents.
• Shared areas: belongings in corridors, blocked access routes or disagreements about swimming pools and gardens.
• Building work and damage: leaks, alterations to façades or work where responsibility is unclear.
• Pets: repeated disturbance, cleanliness or the use of shared spaces.
• Financial management: disagreements about fees, special assessments, the allocation of expenses or accounting information.

Describe the specific behaviour, how often it occurs and its effects. Saying that someone “always causes problems” is less useful than identifying the dates, times and circumstances. Where a dispute concerns a terrace, façade or courtyard, it is also necessary to establish whether it is private property, a common element or a common element reserved for private use.

Our article on common elements in an owners’ community explains this distinction.

Talk to your neighbour without escalating the dispute

Where the circumstances allow, a calm conversation is often a useful starting point. The other person may not realise that a machine can be heard in another flat or that belongings left in a shared area are obstructing access.

Choose an appropriate moment, explain the effect of the problem and suggest a specific change. For example: “We can hear the noise in our bedroom at night. Could we agree on a different time?” The aim is to resolve the situation without assuming bad intentions or turning the conversation into an accusation.

If there are threats, violence or an immediate risk, do not force a meeting between the parties. Prioritise safety and contact the appropriate services or authorities.

Report the issue to the president and property manager

If dialogue does not work, or the issue affects the whole building, a written report to the management team can help. A short, organised account makes it easier to check previous incidents and decide who needs to act.

• Identify the property or area affected.
• Describe the facts and relevant dates.
• Explain what has already been tried.
• Include lawfully obtained documents or photographs where necessary.
• State what you consider a reasonable solution.

There is no need to circulate the complaint to every neighbour. Sharing recordings, personal information or accusations in large messaging groups can intensify the dispute and create privacy problems. Information should reach only those who need it to deal with the issue.

Check which rules actually apply

Before demanding a particular course of action, review Spain’s Horizontal Property Act (Ley de Propiedad Horizontal, or LPH), the community’s statutes, its internal rules and resolutions validly adopted by the owners. Municipal regulations may also apply, particularly to noise, building work and local nuisance issues.

Internal rules can govern the use of shared facilities within legal limits. Different restrictions may require different procedures, and a notice placed in the entrance hall does not by itself amount to a valid resolution. A rule restricting owners’ rights requires a different analysis from opening hours for a shared facility.

Neither the president nor the property manager can independently impose arbitrary fines or withdraw services as punishment for a disagreement. Any response must have a legal basis and respect the powers of the owners’ meeting.

When should the matter go before an owners’ meeting?

A meeting may be needed to adopt a rule, approve work, authorise a claim or resolve a matter affecting the community. The agenda should describe the issue clearly, with enough supporting information for owners to make a decision.

During the meeting, distinguish facts from personal opinions, allow the different positions to be explained and specify exactly what is being put to a vote. The minutes must record the resolution and the information required by law. A vague promise to “sort it out soon” is less useful than a defined action with responsibility and follow-up arrangements.

Mediation and negotiation: reaching a workable agreement

When relations have deteriorated, a mediator may help the parties communicate. A property manager can organise information and help bring positions closer together, but this role should not be confused with formal mediation or acting as one party’s legal representative.

A practical agreement should explain what each person will do, by when and how compliance will be checked. If it affects common elements, expenditure or third-party rights, the relevant community approvals remain necessary.

Organic Law 1/2025 also generally requires a prior attempt at negotiation before bringing many civil claims, subject to exceptions. If court proceedings are being considered, a professional should identify the applicable procedure and the evidence needed. An informal conversation does not automatically satisfy that requirement.

What if a nuisance continues?

Article 7.2 of the LPH provides a specific procedure for certain prohibited, damaging, disturbing, unhealthy, harmful, dangerous or unlawful activities. Using it requires an assessment of the facts and compliance with the prescribed steps.

Under that procedure, the president formally requires the person responsible to stop the activity. If it continues, the community may approve the relevant legal action with the required safeguards. An activity being unpleasant does not make every proposed response lawful: the evidence, seriousness of the nuisance and procedural requirements all matter.

Municipal or police action may be appropriate for specific infringements. It does not automatically replace the resolutions and actions required of the community itself.

Prevent future disputes

Prevention starts with giving owners and tenants clear rules, providing a known channel for reporting incidents and applying consistent criteria. It also helps to explain building work before it begins, give advance notice of service interruptions and review recurring problems.

Where some owners live elsewhere, make sure communications reach the right person and are understood. Missing information can fuel disagreements that a timely explanation might have prevented.

Community management in Fuengirola