The cleaning regulations for a homeowners’ association often raise questions: is it mandatory to hire a cleaning service? Who has to pay for it? Can a resident refuse? How often should common areas be cleaned? Or what happens when an owner repeatedly makes them dirty?
The first point to clarify is that the Horizontal Property Law does not establish a specific cleaning frequency, nor is there, as a general rule throughout Spain, a mandatory number of weekly cleanings for entrances, stairways or landings. The regulations are based primarily on Law 49/1960 on Horizontal Property (LPH) and are supplemented by the bylaws, internal rules and agreements adopted by each homeowners’ association.
Therefore, the association has a certain degree of flexibility to organize the service according to the characteristics of the building, while always complying with the legal obligations regarding maintenance, coexistence and contribution to common expenses.
What does the Horizontal Property Law say about cleaning?
Although the Horizontal Property Law does not expressly use the word “cleaning” to establish a specific legal framework for the service, several of its articles make it possible to determine the obligations of both property owners and the homeowners’ association. This same interpretation is followed by the main specialist sources analyzed.
One of the key provisions is Article 9 of the LPH. According to this article, owners must respect the general installations and common elements, use them properly and avoid causing damage or deterioration. They must also maintain their private property in a condition that does not harm the association or other owners.
This means that the maintenance and care of areas such as entrances, stairways, landings, elevators, courtyards, garages and other common areas form part of the proper operation of a homeowners’ association.
In addition, Article 7.2 of the LPH prohibits carrying out activities in a dwelling, commercial premises or elsewhere in the property that are harmful to the building or that are disturbing, unhealthy, hazardous, dangerous or unlawful. This provision may be relevant when a lack of hygiene stops being an isolated issue and becomes a serious situation affecting other residents.
Is cleaning a homeowners’ association mandatory?
There is no rule stating, for example, that a staircase must be mopped two or three times per week. However, the association must properly maintain its common spaces, services and installations.
Article 10 of the LPH establishes that any work necessary for the proper maintenance of the property and compliance with the duty to preserve the building and its common services and installations is mandatory, particularly when related to safety, habitability or appearance.
In practice, routine cleaning is one of the actions required to maintain reasonable conditions of use and preservation in shared areas.
What must be adapted to each building is the intensity of the service. A community of six homes without an elevator does not have the same needs as a residential development with one hundred homes, several entrances, garages, gardens, a swimming pool and sports facilities. Some of the specialist sources consulted also emphasize the need to adapt the service to the characteristics and size of each community.
Who decides how the community should be cleaned?
The organization of cleaning is primarily the responsibility of the Homeowners’ Meeting.
Article 14 of the Horizontal Property Law gives the Meeting authority to approve the income and expenditure budget, establish internal rules and decide on matters of general interest to the community. This makes it possible to approve matters such as hiring a company, the cleaning budget, the areas included and the general conditions under which the service is provided.
In addition, Article 6 of the LPH allows internal rules to be established in order to regulate coexistence and the proper use of common services and elements. Certain everyday matters relating to maintenance and cleaning may be regulated through these rules.
It is important to distinguish these internal rules from the association’s bylaws. A rule governing everyday coexistence and operations does not necessarily have the same legal requirements as an amendment to the bylaws.
What majority is required to hire a cleaning company?
When dealing with an ordinary administrative decision, such as hiring or replacing a cleaning company, the general rule established in Article 17.7 of the Horizontal Property Law will normally apply.
At the first meeting, the resolution requires the favorable vote of the majority of all owners, who must also represent the majority of the ownership shares. At the second meeting, a majority of those attending is sufficient, provided that they represent more than half of the value of the ownership shares of those present.
This interpretation is consistent with the approach followed by specialist sources on homeowners’ associations regarding the ordinary hiring of cleaning services.
The situation changes if the resolution involves amending the deed of incorporation or the bylaws. For resolutions not specifically regulated by another section that involve such an amendment, Article 17.6 establishes unanimity of all owners and ownership shares as the general rule.
For this reason, approving which company will clean the entrance at a meeting is not the same as introducing a new permanent clause into the bylaws.
Who pays for cleaning in a homeowners’ association?
As a general rule, the cost of the cleaning service forms part of the general expenses of the homeowners’ association when it is intended for the proper maintenance of common elements and services.
Article 9.1.e of the LPH requires each owner to contribute to the general expenses necessary for the proper maintenance of the property, its services, charges and liabilities in accordance with their ownership share or with any specific arrangement that has been established.
Therefore, the cost does not necessarily have to be divided equally among all homes. The ownership share and the provisions of the deed of incorporation, bylaws or resolutions validly adopted by the homeowners’ association must be reviewed.
How often is it mandatory to clean a residential community?
This is one of the most common questions regarding cleaning regulations for homeowners’ associations, but the LPH does not establish a specific cleaning frequency.
There is no general rule requiring the entrance to be cleaned daily, three times per week or every seven days. The frequency must be determined according to the actual needs of the property and what has been approved by the association.
A homeowners’ association may, for example, hire cleaning services two days per week and increase the frequency at certain times of the year. It may also distinguish between frequent tasks, such as sweeping or mopping the entrance, and periodic tasks, such as cleaning windows, garages, courtyards or outdoor areas.
When designing the service, factors such as the number of homes, daily foot traffic, the presence of an elevator, commercial premises, children or pets, the size of the entrance, garages, courtyards, gardens and other facilities should be taken into account.
What should a homeowners’ association cleaning plan include?
Although the law does not impose a single model, setting out in writing what the service includes helps prevent many disputes between residents and also makes it easier to monitor the company hired.
A reasonable plan may include:
- areas included in the service, such as the entrance, stairways, landings, elevator, garage, courtyards or windows;
- frequency of each task;
- approximate service hours;
- routine tasks and periodic or extraordinary cleaning;
- waste management and products used;
- a procedure for reporting incidents, reviewing the service and monitoring compliance.
In this way, the homeowners’ association can assess the service based on objective results rather than solely on the subjective impressions of individual owners.
Can a resident clean the homeowners’ association?
Yes, there is no general prohibition preventing an owner from carrying out cleaning work for their homeowners’ association. However, a distinction must be made between occasional assistance or an internal arrangement among residents and the provision of a paid professional service.
If a resident regularly receives payment for carrying out cleaning work, the service must have the appropriate contractual, employment, tax and Social Security framework. It is not advisable to organize a paid service informally or through undeclared payments. Idealista also points out the need to formalize the relationship properly when an owner provides the service professionally.
If the homeowners’ association hires workers directly, it also assumes employment and occupational risk prevention obligations associated with being an employer. Law 31/1995 provides the general framework for protection against work-related risks.
For this reason, particularly in medium-sized or large communities, hiring a specialist company usually simplifies administrative and employment-related management.
Conclusion
Complying with regulations and keeping common areas in good condition is essential to ensure hygiene, preserve the property and promote good relations among owners. To achieve this, using a professional service makes it possible to adapt cleaning tasks and frequency to the actual needs of each building.
At Sodisan, we offer cleaning and maintenance solutions for residential communities, buildings and developments on the Costa del Sol. If you are looking for an experienced cleaning company in Malaga offering a service tailored to your community, need a specialist residential community cleaning service in Malaga, our team can help you keep your common areas clean and well maintained throughout the year.