Community of Owners in Spain: What Every Property Buyer Should Know
If you own—or are thinking about buying—a flat or townhouse in Spain, chances are you’ll become part of a “comunidad de propietarios”, or community of owners. This shared ownership system governs how communal spaces in apartment blocks or residential complexes are maintained and managed. For foreign buyers, especially those used to different systems, it can be a source of confusion or unexpected costs.
Here’s what it means, how it works, and what you need to be aware of as a property owner in Spain.
What Is a Community of Owners?
In Spain, any building or development where multiple people own separate units (flats, apartments, semi-detached houses, etc.) will be managed by a legal entity called a comunidad de propietarios. This community is responsible for the upkeep of shared elements like:
- Lifts
- Stairwells and hallways
- Swimming pools
- Gardens and grounds
- Roofs and façades
- Gates and garages
Each owner contributes financially and has a say in how the building or complex is run.
How It’s Organised
The community of owners is governed by Law 49/1960 on Horizontal Property, often called the Ley de Propiedad Horizontal. It requires that every community has:
- A President – Usually a resident owner, elected annually.
- An Administrator – Often a professional property manager, though sometimes a resident takes this on.
- Annual General Meetings (Junta General) – Held at least once a year to approve budgets, elect officials, and vote on issues.
Decisions are made by majority vote, but the rules for voting vary depending on the issue. For example, painting the stairwell might require a simple majority, but installing a lift or major renovations may require a unanimous or qualified majority.
Your Financial Responsibilities
As a member of the community, you’ll be expected to pay community fees (cuotas de comunidad). These cover:
- Routine maintenance
- Utility bills for shared areas
- Insurance
- Repairs and improvements
- Administrator’s fees
Fees vary greatly depending on the size of the development and the amenities involved. A small block with no lift might cost under €50/month, while a gated complex with pools, security, and extensive landscaping can run well over €200/month.
If major works are needed (roof repair, repainting the façade, upgrading systems), extra payments—called derrama—may be approved and charged in addition to regular fees.
What You Can—and Can’t—Do
While you own your property outright, your rights are subject to community rules. These are often outlined in the Statutes (Estatutos) and the Internal Rules (Normas de Régimen Interno). Common restrictions may include:
- No short-term rentals without approval
- No satellite dishes or air conditioning units on façades
- Pet limitations
- Pool or gym usage rules
If you’re renting your property out, especially as a holiday let, check carefully—many communities now vote to restrict or ban tourist rentals altogether.
Can You Opt Out?
No—if your property is part of a community, your membership is automatic and mandatory. You cannot opt out of paying fees, even if you don’t use the pool or live in the property year-round. If you fall into arrears, the community can take legal action, including placing a charge on your property.
Tips for Foreign Buyers
- Ask for the latest community minutes before you buy. These will show recent decisions, fee amounts, and any upcoming works or disputes.
- Check for debts. Make sure the current owner has paid all their dues—any unpaid community debts transfer to the new owner.
- Find out about tourist rental rules if you’re planning on letting.
- Understand voting rights. You must be up to date with payments to vote in meetings.
- Consider hiring a proxy if you don’t live in Spain full-time. You can authorise someone else to represent you at meetings.
Where to Get More Information
If you’re already an owner and want to learn more, your administrator or building president should be your first point of contact. For legal clarity, consider reviewing the Ley de Propiedad Horizontal, which governs all communities:
▶️ https://www.boe.es/buscar/act.php?id=BOE-A-1960-10906 (in Spanish)
Final Word
Becoming part of a community of owners in Spain comes with both responsibilities and rights. While it may seem bureaucratic at first, a well-run community ensures that your property—and your investment—is properly maintained. Understanding how it works can help you avoid surprises, stay compliant, and make the most of your new home in Spain.
