Common Elements in a Homeowners Association: Definition, Rules and Common Conflicts under Spanish Law

In any homeowners association, one of the most common sources of conflict is understanding what can and cannot be done in shared areas. Who owns the terrace? Who pays for repairs? Can a façade be modified or a patio enclosed?

All these issues are mainly regulated by the Spanish Horizontal Property Law (LPH) and Article 396 of the Civil Code, as well as by the specific bylaws of each community.

Understanding how common elements work not only helps avoid disputes between neighbors, but also prevents unexpected costs, penalties, and even legal action.

What is considered a common element

In a homeowners association, two types of property coexist:

• Private property: the individual unit, such as a home, commercial space, or garage.
• Common elements: all parts necessary for the use and proper functioning of the building.

Common elements belong jointly to all owners, according to their participation share. This means that all owners must contribute to their maintenance, and no individual can modify them without proper authorization from the community.

Types of common elements

Although each building may have its own specifics according to its title deed, common elements are generally divided into several categories:

Structural elements

• Foundations
• Columns and beams
• Load-bearing walls
• Floor slabs

These elements are essential for the building’s stability, and any intervention requires strict control and approval.

Exterior elements

• Façades
• Roofs and coverings
• Terraces (in many cases)

Even if a terrace is used exclusively by one owner, it does not necessarily mean it is privately owned.

Access and circulation areas

• Entrances and lobbies
• Staircases
• Corridors
• Elevators

These are shared areas, and their maintenance is a collective responsibility.

General installations

• Pipes and drainage systems
• Electrical installations
• Communal antennas
• Heating or energy systems

Recreational common areas

• Swimming pools
• Gardens
• Sports areas
• Shared rooms

Basic rules for using common elements

The Horizontal Property Law establishes that each owner must respect shared installations, use them properly, and avoid causing damage.

In practice, this means that common areas cannot be modified or used as if they were private property, even if other neighbors are not using them.

Bylaws and internal rules

In addition to the law, each community may have its own internal regulations governing daily coexistence.

Community bylaws

Bylaws regulate key aspects such as property use, activity limitations, or specific building rules.

They usually require unanimous approval to be modified and must be registered to affect third parties.

Internal regulations

These rules govern everyday matters and are easier to approve or modify.

Common examples include:

• Pool opening hours
• Use of shared areas
• Cleaning rules
• Noise restrictions
• Use of elevators or garages

These rules help prevent daily conflicts between neighbors.

Exclusive use of common elements

One of the most confusing issues is when a common element is used exclusively by one owner, such as terraces or interior patios.

An owner may have exclusive use of a terrace because it is only accessible from their property. However, this does not change its legal status as a common element.

This means the owner can use it, but cannot carry out structural or aesthetic modifications without approval from the community.

Works on common elements: what should not be done

Unauthorized works are one of the main sources of disputes in homeowners associations.

Examples of prohibited actions include:

• Modifying the façade without approval
• Enclosing terraces or patios without permission
• Installing visible elements affecting the building’s appearance
• Occupying common areas for private use
• Altering shared installations

If an owner acts without authorization, the community can demand restoration of the original condition and, if necessary, take legal action.

Common real-life conflicts in homeowners associations

Most disputes arise due to lack of knowledge or misunderstandings about what is allowed.

• Unauthorized terrace enclosures: owners forced to undo illegal works.
• Air conditioning units on façades: conflicts due to visual impact or noise.
• Improper use of shared areas: using hallways or storage areas for private purposes.
• Water leaks from terraces: disputes over who should pay for repairs.
• Alterations in interior patios: installations without approval.

Professional management helps prevent these issues and resolve them before they escalate into legal disputes.

Property manager: key to avoiding community conflicts

Managing common elements properly requires legal knowledge, experience, and the ability to mediate between owners.

A property manager not only handles finances, but also ensures compliance with regulations, advises the community, and prevents future problems.

In areas like the Costa del Sol, where many communities combine residential, holiday and investment properties, professional management is even more important.

Frequently asked questions about common elements

Most conflicts in homeowners associations arise not from bad intentions, but from a lack of understanding of the rules.

Knowing what is common property, what can be done, and when approval is required helps avoid disputes, unexpected costs, and legal issues.

If your community needs professional and reliable management, working with an experienced property manager can make a real difference.