The fall of 2026 has brought more legal changes for homeowners' associations than any other recent period. Between a newly introduced legislative reform and a Supreme Court ruling that sets clear boundaries, the updates to the Horizontal Property Law require property managers and community presidents to review how they manage accessibility, delinquency, and meeting agreements. We review the three fronts that are generating the most discussion and what practical implications they have for the day-to-day of your community.
Accessibility: Law 4/2026 strengthens the obligation to act
The most recent update comes with the Law 4/2026, of October 1, which amends article 10.1.b of the Horizontal Property Law, published in the BOE at the beginning of the month and in effect since October 23, 2026, twenty days after its publication. The aim of the reform is to facilitate actions such as the installation of elevators, ramps, and other devices that allow access to the building and use of common areas safely and independently, especially in buildings where people with disabilities or those over 70 years old reside.
One of the most relevant changes for daily management is that the modification reinforces the obligation for homeowners' associations to undertake accessibility improvement works when these circumstances occur. If the community resists or becomes deadlocked, the rule no longer leaves indefinite room for maneuver: it expressly incorporates the possibility of resorting to judicial authority when, despite the circumstances that determine the obligation, the community does not carry out the corresponding actions.
The reform also introduces economic relief. On one hand, if the community obtains financing, the individual impact of the annual cost can be calculated by spreading the total cost of the work over all the years covered by the financing period, which reduces the impact of the levy on the monthly fee. On the other hand, public administrations are required to provide funds for aid programs and to promote policies that encourage accessibility improvement actions, which should result in more grant calls in the coming months.
Community Delinquency: The Supreme Court Limits Disproportionate Surcharges
Delinquency in the homeowners' association remains one of the most frequent headaches for administrators, but a recent Supreme Court ruling has made it clear that not everything goes when penalizing defaulters. In its ruling of September 22, 2026, the Supreme Court confirmed that homeowners' associations can impose surcharges to combat delinquency, but these are limited by the principle of proportionality and the prohibition of applying abusive sanctions.
The specific case is very illustrative: the Chamber declared the nullity of the agreement adopted by a homeowners' meeting that imposed a penalty of 0.50 euros per day on those who delayed payment of garage fees. When calculating, the Supreme Court concluded that this automatic surcharge amounted to applying a moratorium rate equivalent to 135.18% per year, which is abusive and asymmetric with respect to the amount of the debt owed.
This does not mean that communities are left without tools against non-payments. The ruling itself clarifies that it does not generally prohibit surcharges for delinquency and that, within legal limits, the community can establish surcharges on unpaid fees to encourage prompt payment, agreeing on interest rates higher than the legal interest and other deterrent measures while the delinquency situation persists. The message for administrators is clear: any surcharge approved in a meeting must be well calculated and justified, because a disproportionate agreement can end up being annulled in court.
Homeowners' Meeting Agreements and Majorities: The Weight of Tourist Apartments
Another area where majorities in the homeowners' meeting have gained prominence is in tourist-use apartments. Since the reform of article 17.12 of the LPH, homeowners' associations can prohibit the tourist use of apartments in the building by a three-fifths majority of the owners and participation shares. Before this reform, communities could only limit or condition the activity; now, with that same reinforced majority, the legislature grants the homeowners' association the power to approve, limit, condition, or prohibit such activities.
Besides the issue of the veto, the rule has direct economic implications for the community: the same majority allows increasing up to 20% the common expenses paid by the holder of the tourist activity to compensate for the greater use of common areas. However, it is worth remembering that Organic Law 1/2025 is not retroactive, so agreements adopted now do not affect tourist licenses granted prior to its entry into force. For these agreements to have full validity, it is essential to follow the correct procedure for calling, quorum, and notifying absent owners, an aspect that usually generates more conflicts than the vote itself.
What Administrators and Communities Should Do Now
In this moving regulatory scenario, it is advisable to act methodically rather than react hastily:
- Review the building's accessibility status and assess, with technical advice, whether the community falls within the assumptions that require action according to the new wording of article 10.1.b of the LPH.
- Audit existing agreements on delinquency surcharges to ensure they are proportionate and not at risk of being challenged.
- Properly document any agreement on tourist-use apartments, meeting the requirements of majority, calling, and notification.
- Engage specialized professionals who can carry out accessibility works or advise on their financing, taking advantage of the aid that administrations must promote.
At ForConnect, we know that staying up to date with each legal reform is as important as finding the right professional to execute it. If your community needs to undertake accessibility works, review installations, or address any intervention derived from these updates, you can consult our directory of trusted professionals and compare options. And if you already know what you need, request a quote without obligation and let our network of specialists take care of the rest.