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Difference between internal regulations and bylaws

The Regulations only refer to matters of mere functioning of the services and common elements of the community (e.g. the hours of operation of the heating, swimming pool or tennis court; the dimensions of the door plates announcing the activities carried out in the offices; the regime of rubbish collection or the use of other common services, etc.) while the Statute regulates fundamental rights and obligations (prohibitions), relating to the use of the building, its flats and premises, installations and services, expenses, administration and governance, conservation, insurance and repairs (e.g. exemption from expenses, authorisations or prohibitions relating to the use of the building, its flats and premises, installations and services, definition of the common services or facilities, aggregations or segregations, etc.): exemption from expenses, authorisations or prohibitions relating to the dwelling, tourist flat or premises, definition of common services or facilities, aggregations or segregations, etc. )


The Regulations cannot supersede or modify the Horizontal Property Law or what is stated in the Articles of Association. It is not possible, for example, for the Regulations to specify that a flat may not be used as an office or that a certain business may be installed in the premises. All of this is null and void and if the community were to try to limit the rights of the owners by this means, it would be legally and practically ineffective, as has been recognised by several court rulings. The same applies, for example, if one wishes to regulate the way of contributing to the common expenses or to exempt someone from expenses: these are matters that are outside the scope of the Regulations, and can only be regulated in the Bylaws.


The Regulations can be modified at the Owners' Meetings, with no other requirement than the agreement of the majority, whereas the Bylaws, as a complement to the Articles of Association (deeds), require the unanimous agreement of all the owners.

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