Almost every foreign buyer in Spain becomes a member of a comunidad de propietarios — a community of owners — from the moment they sign the title deed at the notary. It is often compared to a Nordic housing association or a UK service-charge arrangement, but the resemblance is superficial, and the differences can be expensive. Here is how the Spanish system actually works, which decisions can be taken without you, and the traps that specifically catch non-resident owners.
What a comunidad de propietarios actually is
Whenever a building or a development is divided into separate units — flats, townhouses, garage spaces, storerooms — a community of owners arises automatically under the Horizontal Property Act (Ley 49/1960 de Propiedad Horizontal, LPH). You own your home outright, but you also own an undivided share of everything that is common: the façade, the roof, the stairwell, the lift, the pool, the gardens, the drive, the pipework.
Membership is not optional. You cannot leave, and you cannot refuse to pay on the basis that you never use the pool or the lift.
The fee and your share (coeficiente de participación)
Every unit carries a coeficiente, a percentage set out in the building’s founding deed (título constitutivo). It determines both what you pay and how much your vote weighs.
A concrete example: a 90 m² apartment in an urbanisation near Alfaz del Pi with a pool, lift and gardens typically costs €80–150 per month in ordinary community fees. A simple block with no shared facilities may be €30–50. Build this into your budget from the outset — our purchase costs calculator covers the other items you will face at completion.
Derramas — the special levy that catches buyers out
On top of the ordinary fee, the general meeting can approve a derrama: a one-off levy for façade repairs, a new roof, a lift replacement or energy works. The sums are not trivial — €2,000 to €8,000 per apartment is common for a façade project.
Two points matter enormously when you buy:
- Debts follow the property. Under art. 9.1(e) LPH, the buyer is liable — with the property itself as security — for unpaid community fees for the current year plus the three preceding calendar years. The seller must therefore produce a certificate confirming the fees are up to date (certificado de estar al corriente) at the notary. Never waive it.
- An approved derrama is owed by whoever owned the unit when the resolution was passed. If works have been approved but not yet invoiced when you buy, liability may still sit with the seller. Always ask to read the minutes (actas) of the last two or three general meetings.
The general meeting and the voting thresholds
An ordinary general meeting (junta ordinaria) must be held at least once a year. Art. 17 LPH sets different majorities depending on the subject:
- Simple majority — ordinary management, the budget, electing the president and administrator.
- Three fifths of owners and of participation shares — new common services such as a lift, concierge, EV charging points or security.
- One third — telecoms or solar installations, where only those voting in favour bear the cost.
- Unanimity — amending the founding deed or the statutes.
- Accessibility works (art. 10.1(b) LPH) are compulsory without a vote where an owner over 70 or with a disability requests them and the cost, net of grants, does not exceed twelve monthly fees.
Since Organic Law 1/2025 came into force on 3 April 2025, the meeting may also, by a three-fifths majority, approve, condition, limit or prohibit short-term tourist letting in the building. This is a significant tightening — in practice a prohibition previously required unanimity. The position of owners already letting is still debated in the courts, so if you are buying with rental income in mind, read the statutes and the recent minutes before you sign anything.
Two traps that specifically hit non-resident owners
1. The address for service. Under art. 9.1(h) LPH you must notify an address in Spain for community notices. If you do not, the Spanish property itself counts as your address — and if delivery fails, posting the notice on the community noticeboard is valid service. You can therefore be bound by resolutions and levies you have never seen. Notify the administrator in writing of an email address or your lawyer’s address.
2. Arrears cost you your vote. Under art. 15.2 LPH an owner in arrears may attend and speak at the meeting but may not vote. A direct debit that silently failed can leave you voiceless on the one decision that matters most to you.
If you disagree with a resolution
A resolution can be challenged in court under art. 18 LPH within three months — or within one year where it breaches the law or the statutes. The deadlines are short and run from the meeting or from service of the minutes. Act immediately; if you wait, the right is simply lost.
Our recommendation
Before you buy: ask for the statutes, the minutes of the last three general meetings, the current budget and the certificate confirming fees are paid. After you buy: register an address for service, set up a direct debit, and give a voting proxy (delegación de voto) to someone you trust if you cannot attend. It costs almost nothing and prevents most of the unpleasant surprises.
Kontakta oss / Contact us / Contáctenos:
Email: [email protected]
Phone: +34 629 549 430
Web: www.colas-abogados.com