What is the difference between the by-laws and the internal rules?

Question

José Manuel Alburquerque · Accepted Answer

The by-laws set the substantive rules of the owners' association (the “comunidad de propietarios”), such as what can be done in the flats and commercial premises, how expenses are shared or the use of the common parts. The internal rules only govern community living and the use of the common areas and facilities, without being able to contradict the by-laws. Changing the by-laws requires four-fifths of the owners and of the participation shares, the percentage each flat has in the building. The changes are entered in the “Registro de la Propiedad”, the Land Registry. The internal rules are approved by a simple majority and always bind the owners and those who use the flats, such as tenants. The by-laws They normally appear in the deed of constitution, the deed that divides the building into flats and commercial premises. Under the “Código Civil de Cataluña”, the Catalan Civil Code, they govern the use of the flats, the commercial premises and the common parts, the owners' rights and obligations, expenses and the organisation of the association. They can, for example, restrict the activities carried on in the flats and commercial premises or allow flats to be divided or merged without a new resolution of the owners' general meeting. Changing them requires four-fifths of the owners entitled to vote, who must also hold four-fifths of the shares, except in matters that require unanimity. The change is formalised in a public deed and entered in the Land Registry. Until it is registered, it does not affect anyone who buys a flat without knowing about it. The internal rules They contain the rules on community living and good neighbourliness and those on the use of the common parts and facilities. Typical examples are: The opening hours and rules of the swimming pool or the community room. Use of the lift when people move house. The rules for the car park, such as speed or washing cars. Keeping dogs on a lead in the common areas and cleaning up after them. They are approved by the meeting by a simple majority, that is, with more votes and more shares in favour than against among the owners who vote. They always bind the owners and those who use the flats, such as tenants. They cannot contradict the by-laws. The law does not provide for them to be entered in the Land Registry. What the internal rules cannot do Anything that restricts the use each owner can make of their flat or commercial premises, such as banning holiday lets or other activities, must go in the by-laws, approved by four-fifths. A rule approved by a simple majority as an “internal rule” that in fact restricts the use of the flats can be challenged in court, within the time limit. In the rest of Spain, the Horizontal Property Act (“Ley de Propiedad Horizontal”) generally requires unanimity to change the by-laws, whereas internal rules are approved by a majority.