Homeowners Community in Spain – Rights and Obligations for Foreign Property Owners

If you own an apartment or villa in a Spanish urbanisation or residential complex, you are automatically a member of a comunidad de propietarios – the Spanish equivalent of a homeowners association. Membership is compulsory and governed by the Spanish Horizontal Property Law (Ley de Propiedad Horizontal).

Many foreign owners are unsure what this means in practice. What do you have to pay? What can you vote on? And what happens if you fall behind on fees? This article covers the essentials.

What is a comunidad de propietarios?

A comunidad de propietarios is the legal community automatically formed between all owners in a building or urbanisation with shared areas – stairwells, swimming pools, gardens, car parks and lifts. The community manages these shared elements and is funded through regular fees (cuota de comunidad) paid by each owner proportional to their ownership share (coeficiente de participación).

The community is run by a board including a president (presidente) and often a professional property manager (administrador de fincas) handling day-to-day administration.

Your obligations as an owner

• Pay the monthly fee on time. The amount is based on your ownership share as stated in the property registry.
• Contribute to maintenance and repairs of shared areas, including extraordinary levies (derrama) approved by the general meeting.
• Comply with internal rules (estatutos and reglamento de régimen interior).
• Provide a contact address so the community can reach you with notices and decisions.
• Allow access to your property when required for maintenance of shared installations.

Your rights as an owner

• Attend and vote at the general meeting (junta de propietarios) with voting rights proportional to your share.
• Access accounts and minutes – you can request the community’s financial records at any time.
• Stand for election to the board, including the role of president.
• Challenge decisions that are unlawful or contrary to your interests within 30 days before a Spanish court.

Can you vote without attending in person?

Yes. You can grant a written proxy to a family member, friend or your lawyer to vote on your behalf. This is a common arrangement for foreign owners who are not resident in Spain. Bear in mind that meeting notices are sent to the address registered with the community – if you live abroad and have not provided a Spanish contact address, you may miss notices, yet decisions will still be binding on you.

What happens if you do not pay the fees?

• The community can pursue you through an expedited court procedure (proceso monitorio).
• The debt can be registered as a charge on the property (afección real), travelling with it even on sale.
• Your voting rights may be suspended until the debt is cleared.
• In extreme cases the property may be seized.

Extraordinary levies (derrama)

Beyond the regular monthly fee, the general meeting can approve extraordinary levies for major works – roof repairs, a new lift or pool refurbishment. You are obliged to pay your share even if you voted against the decision.

Practical advice for non-resident owners

• Register a contact address in Spain with the community – ideally your lawyer’s address.
• Set up a direct debit (domiciliación bancaria) for monthly fees from a Spanish bank account.
• Grant a trusted person power of attorney to represent you at meetings.
• Stay informed about planned renovation works that could trigger extraordinary levies.