Legal advice for homeowners associations
A homeowners association is, in practice, a small organisation with a budget, accounts to balance and decisions to be taken among many people. And as in any organisation, disputes arise: an owner who stops paying, necessary works that some approve and others block, squatting or a neighbour who makes community life impossible. At BBM Abogados we have been advising associations, chairpersons and property managers in Santander and Cantabria since 1990 to resolve these problems with rigour and without drama.
The most frequent issue is late payment. The unpaid service charges of one or more owners throw the budget off balance and force the rest to take on the cost. The Property Management Act offers a very effective tool: the order-for-payment procedure, which allows the debt to be recovered swiftly once the meeting approves the settlement. We prepare the debt certificate, demand payment from the defaulter and, if they don’t pay, file the claim and carry it through to collection, also drawing on our experience in debt recovery and pursuit of defaulters.
Property management: resolutions, works and levies
A good part of an association’s disputes stem from decision-making. What majority is needed to approve works, how a special levy is shared out, which uses of the common areas are legitimate or how a resolution is challenged are questions that the Property Management Act regulates in detail, and applying it properly prevents a resolution from being annulled or a neighbour from paralysing it. We advise you on everything relating to property management law: drafting and reviewing statutes, holding meetings, the majorities required, special levies for necessary or accessibility works and challenging resolutions contrary to the law.
When an owner or tenant carries out a disruptive, unhealthy or statute-prohibited activity, the association is not defenceless: the law provides for a cessation procedure that starts with a demand and, if the offender persists, continues through the courts. We handle it in full to restore peace to the building.
Squatting and court defence of the association
The squatting of a home or premises is one of the problems that most concerns associations today, because it affects the safety and community life of everyone, not just the owner of the property. There are procedures designed to recover the property as quickly as possible, and we advise both the association and the affected owner on the available actions and the best strategy regarding the eviction of squatters.
On all these fronts, it is worth remembering that since 2025, as a general rule you must attempt an appropriate dispute resolution method (MASC) before suing in civil matters. Our involvement includes that step, so the association meets the legal requirement without delays or surprises, and so each claim reaches the court well prepared.
Does your association have owners in default, a neighbour dispute or a squatting problem? Tell us about your case with no obligation or call us on 942 36 10 48.
