Community of owners’ bylaws: what the owner of a flat should check
Before buying, renting out or preparing to sell a flat, it is worth distinguishing between the constitutive title, the bylaws, the internal regulations and the general meeting resolutions. This guide helps you check what to look at in each document and what effects it may have on your home.
What each document is and why they should not be confused
If you are the owner of a flat, the community documents do not have the same scope. The correct review starts by separating four distinct levels: the **constitutive title**, the **bylaws**, the **internal regulations** and the **general meeting resolutions**.
The **constitutive title** describes the building and each flat or premises, sets the participation quota and may include rules on use, purpose, expenses, administration, maintenance or repairs. The Horizontal Property Act allows the title to contain “provisions not prohibited by law” and to form a “private bylaw”, which does not prejudice third parties if it is not registered in the Land Registry. In the same vein, the law distinguishes between structural rules of the regime and rules of coexistence. This can be seen in article 5 of the Horizontal Property Act: Law 49/1960, art. 5.
The **bylaws** develop that framework and may limit or specify uses, always within the law. The **internal regulations**, for their part, serve “to regulate the details of coexistence and the proper use of communal services and things”, and bind everyone until they are amended by the procedure laid down for administrative resolutions, according to article 6 of the same law: Law 49/1960, art. 6.
Finally, the **general meeting resolutions** are specific decisions by the community on expenses, works, services, restrictions or authorisations. They do not have the same status as the title or the bylaws and, in general, may be changed or challenged if they are contrary to the law or the bylaws.
What you should check first in the bylaws if you own a flat
A useful review is not just about reading the document, but checking whether there are rules that affect the real use, the value in use and the future charges on your home.
1. **Purpose of the flat and permitted activities.**
Check whether the bylaws prohibit certain activities or uses. The Horizontal Property Act prevents the carrying out in the flat of activities prohibited in the bylaws, as well as those that are harmful or that contravene the general rules on annoying, unhealthy, noxious, dangerous or unlawful activities, in accordance with article 7.2.
2. **Restrictions on tourist letting or other intensive uses.**
If your intention is to let or sell, check whether there is an express community resolution on tourist activity. The law provides that the owner who wishes to carry out that activity must first obtain the express approval of the community under the terms of article 17.12, and article 7.3 refers to that requirement.
3. **Rules on expenses and apportionment of charges.**
See whether the title or the bylaws set special quotas, different criteria for certain homes or charges for specific services. The law starts from the participation quota as the general rule, but allows for anything specifically established. Article 9.1.e governs contributions to general expenses and article 9.1.f the contribution to the reserve fund.
4. **Works, enclosures and alterations.**
Check whether there are specific restrictions on terraces, enclosures, storage rooms, patios, communal elements or annexes. The law states that the owner may not alter elements, installations or services in a way that harms another owner or the building, and subjects certain improvements or divisions to specific majorities in article 17.
Practical difference between internal rules, restrictions and resolutions
This is the key point that raises the most doubts.
- **Internal rules** organise day-to-day coexistence: hours, use of communal areas, small details of use. They should not fundamentally alter your ownership rights.
- **Bylaw restrictions** can affect the way you use the home, because they are part of the horizontal property regime. For example, a prohibition on certain activities or a restriction on particular communal uses may be relevant to you as an owner.
- **General meeting resolutions** decide specific matters and usually respond to a need of the moment: a work, an extra charge, the contracting of a service, the regulation of an activity or the approval of an apportionment criterion.
The legal key is not to assume that every resolution has the same force. The Horizontal Property Act states that resolutions contrary to the law or the bylaws, those that are seriously detrimental to the community or those that cause serious harm to an owner who is not obliged to bear it may be challenged, according to article 18.1: Law 49/1960, art. 18.
Practical steps to review the documentation before deciding
1. **Ask for the constitutive title and the current bylaws.**
Do not rely only on what the community or the agency tells you. What matters is reading the exact text and checking whether it is registered or has been validly amended.
2. **Review the latest minutes.**
The minutes usually show whether restrictions, extra charges, works, criteria on uses or changes to quotas have been approved. Article 19 requires the resolutions to be recorded in the minutes book and sent to the owners.
3. **Compare the wording with the reality of the building.**
Sometimes the bylaw says one thing and day-to-day practice another. That does not mean practice prevails. What matters is the valid resolution and whether or not it has been registered.
4. **Check whether there are penalties, interest or measures for non-payment.**
Article 21 allows the community to agree deterrent measures against non-payment, provided they are not abusive or disproportionate and do not affect habitability. If you are buying a flat, you should also check for outstanding debts because article 9.1.e ties the property to the payment of certain community amounts.
5. **Check whether special majorities are required.**
Some changes require unanimity, others qualified majorities and others a simple majority. This matters because a wrongly adopted resolution may be challengeable.
Common mistakes and what to do if you detect a problem
**Mistake 1: thinking that the bylaw only affects “neighbour disputes”.**
It also affects your ability to let, renovate, share expenses and use communal elements.
**Mistake 2: confusing a custom with a valid rule.**
The fact that the community has tolerated something for years does not in itself turn that practice into a rule.
**Mistake 3: not reading current extra charges.**
Extra charges can affect the purchase, the sale or your annual budget. The law attaches importance to resolutions on expenses and works, and validly adopted resolutions bind all owners, according to article 17.9.
**Mistake 4: ignoring the challenge procedure.**
If a resolution harms you and you believe it breaches the law or the bylaws, the law provides for judicial challenge under the terms of article 18, with the corresponding standing and time limits.
If you want to review the documentary status of your home with a practical view, you can request an **indicative valuation** at /valoracion-vivienda-madrid or contact us from /contacto. The online valuation offers an indicative range and PDF report, with an optional visit if you wish to expand the analysis.
At UBICASA, at Calle Montesa 29, Madrid, we are open Monday to Friday from 10:00 to 15:00 and from 16:00 to 19:00.
**Final note:** this guide provides general guidance for owners as of the verification date of 2 November 2026. If the wording of your community contains a unique clause, or if there has been a recent general meeting amendment, it is advisable to interpret the specific case before taking action.