15 Nov Statutes and the Internal Regulations

Neighbourhood Conflicts, Holiday Rentals and Nuisance Activities: What the Statutes and the Internal Regulations Can Really Regulate

1. Introduction: why regulating coexistence matters now more than ever

Homeowners’ associations are spaces where people with very different rhythms, cultures and needs live together: holiday rentals, remote work, professional activities, pets, ongoing renovations, increased residential mobility… all of this multiplies conflicts.

This reality is especially intense in cities such as Barcelona and L’Hospitalet de Llobregat, where tourism pressure, population density and urban regulations (such as the PEUAT – Special Urban Plan for Tourist Accommodation) generate increasingly complex coexistence situations.

For this reason, prevention is essential. The best preventive tool is to have internal rules adapted to the building and approved by the community.

2. Legal framework: what the Horizontal Property Act (LPH) says

The main instruments are:

• Art. 5 LPH → Constitutive Title and Statutes
• Art. 6 LPH → Internal Regulations
• Art. 7.2 LPH → Cessation action against annoying, harmful, unhealthy, dangerous or illegal activities
• Art. 17 LPH → Majorities required to adopt resolutions

None of these documents is mandatory, but their absence creates a regulatory vacuum that hinders coexistence and conflict management.

3. The Statutes: function, content and validity

3.1. Function of the Statutes

The Statutes establish the legal architecture of the community:

• limitations on the use of dwellings and premises,
• restrictions on professional activities,
• regulation of holiday rentals (HUT: Holiday Tourist Housing),
• participation quotas and expenses,
• conditions for undertaking works,
• use of common elements.

3.2. Unanimity: what it means and why it is required

Approving or modifying the Statutes requires full unanimity (Art. 17.6):

• everyone must vote in favour,
• all coefficients must add up to 100%,
• a single abstention or vote against → the agreement is invalid.

Why such strictness?
Because the Statutes regulate essential property rights.

Tacit unanimity (Art. 17.8 LPH)
If an owner does not attend the meeting and does not object within 30 days, their silence counts as a favourable vote.
This prevents deadlock and facilitates statutory reforms.

3.3. Exceptions: when unanimity is NOT required

• Prohibiting holiday rentals → 3/5 majority (Art. 17.12 LPH)
• Accessibility → simple majority
• Improvements → 3/5
• Energy and telecommunications → special majorities

3.4. Relevant case law

• Supreme Court Judgment 4790/2024 → Prohibiting HUT requires 3/5, not unanimity
• Other rulings → Professional activities may be restricted if they affect coexistence

4. Internal Regulations: daily coexistence and voting requirements

4.1. Function of the Regulations

The Internal Regulations govern day-to-day coexistence:

• noise, schedules and rest,
• common areas,
• pets,
• cleanliness and maintenance,
• visitors and delivery personnel,
• security measures,
• rules for the operation of services.

They cannot modify property rights, but they can regulate coexistence in detail.

4.2. How are they approved? Simple majority

(Art. 6 LPH)

A simple majority is required:

• more votes in favour than against,
• among those present and represented,
• abstentions do not count.

4.3. “Depending on the content”: when a simple majority is enough and when it is not

• If it regulates ordinary coexistence → simple majority
• If it limits rights or modifies uses → Statutes matter → unanimity or 3/5

4.BIS. Why have Statutes and Internal Regulations if there are already laws?

1. The law sets limits but does not regulate real coexistence.
2. Without Statutes, lawful uses cannot be restricted.
3. Without Regulations, each person interprets what “annoying” means.
4. Before a judge, having internal rules provides legal strength.
5. They allow adaptation to the reality of cities under tourism pressure.

5. Practical cases that communities can regulate and manage

5.1. Holiday rentals (HUT)

The community may:

• prohibit them with a 3/5 majority,
• limit them,
• impose coexistence rules.

How to report an illegal HUT?
Barcelona and L’Hospitalet have inspection channels.

The community may report:

• noise,
• constant movement of people,
• listings without an HUT registration number.

City councils may impose sanctions, seal the property, or order cessation.

5.2. Nuisance professional activities

Music studios, workshops, clinics, small businesses…

The Statutes may limit or prohibit activities that affect coexistence.

5.2.BIS. Pets and coexistence

❌ Pets cannot be absolutely prohibited
Such a ban would be disproportionate and unlawful.

✔ They can be regulated:

• pets kept on a leash,
• hygiene and noise,
• liability,
• restricted access to certain areas.

✔ In cases of serious nuisance → cessation action (Art. 7.2 LPH)

Mediation is very useful in pet-related conflicts.

5.3. Illegal activities: brothels and drug flats

Communities can act through:

• formal written notice,
• police and municipal intervention,
• judicial cessation action with precautionary measures.

Mediation is not applicable in cases involving illegal activities.
Legal and police intervention is required.

5.4. Individuals with severe mental health issues causing constant noise

Very delicate situations: shouting, banging, loud music, repetitive behaviours…

Although these are vulnerable individuals, neighbours have a right to rest and safety.

The community may:

1. Send a formal notice.
2. Request municipal or police intervention (mental health protocols).
3. Contact Social Services, crisis teams or Public Health.
4. File a cessation action (Art. 7.2 LPH) in severe cases.

Mediation is useful when relatives or responsible parties are available.
It is not appropriate in cases of acute crisis without support.

5.5. Overcrowded dwellings: “piso patera”, over-occupation and unsanitary conditions

Many people living together, constant turnover, fire risk, dirt, noise…

Municipalities may take strong action.

The community may:

1. Demand cessation for noise and unsanitary conditions.
2. Report to municipal services (over-occupation, health issues, housing discipline).
3. Request social services and police intervention.
4. Initiate a judicial cessation action (Art. 7.2 LPH).

These situations are not suitable for mediation due to serious legal infringements and often exploitation or illegal activity.

5.6. Improper use of the dwelling or terrace for unauthorised activities (e.g. hair salon)

If someone uses a dwelling or terrace for:

• a hair salon,
• a tattoo studio,
• a workshop,
• a disguised business…

The community may:

1. Limit or prohibit it in the Statutes.
2. Require a municipal licence (often lacking).
3. Demand cessation for noise, odours or client traffic.
4. Seek nullity if common elements are affected.
5. Activate the cessation action (Art. 7.2 LPH).

Mediation may work for lawful but annoying activities (classes, therapies, etc.).
It is not suitable for illegal or unlicensed activities.

5.BIS. What happens when someone breaks the rules? (Full protocol)

1. Formal written notice.
2. Internal actions (simple majority): reports, notices, mediation, municipal intervention.
3. Judicial actions: cessation, damages, precautionary measures.
4. Municipal sanctions.
5. Mediation is recommended in most neighbourhood conflicts.

6. Catalan and municipal regulations

• Law 18/2007 on the Right to Housing, Arts. 41 and 42
• Decree 75/2020 (HUT)
• PEUAT in Barcelona
• Civility and Noise Ordinances
• Specific measures in L’Hospitalet against illegal HUT and drug flats

7. The role of the mediator and the property manager

Working together allows:

• conflict prevention,
• drafting balanced rules,
• generating consensus,
• implementing protocols,
• avoiding unnecessary litigation.

Neighbourhood mediation is one of the most effective tools for restoring coexistence when recurrent tensions arise.

8. Conclusions

The Statutes and the Internal Regulations:

• are not a mere formality,
• are a tool for coexistence,
• provide legal certainty,
• empower the community to act,
• and are fundamental to preventing neighbourhood conflicts.

9. Professional contact

Daniel Sererols Villalón
Conflict Mediator and Lawyer
Specialist in neighbourhood mediation, conflict prevention and the drafting of Statutes and Internal Regulations.

📞 661 463 306
📧 daniel@mediadorconflictos.com
🌐 www.mediadorconflictos.com