Homeowner Associations in Spain: Your Rights and Obligations as a Foreign Owner

When you buy property in Spain—whether it's an apartment in a complex on the Costa del Sol or a townhouse in an urbanización—you automatically become a member of a Comunidad de Propietarios (homeowner association). For many foreign buyers, this concept is familiar, but Spanish rules have significant differences that can surprise you.

Some foreign owners discover too late that the homeowner association has decided to ban rentals, that there are large unpaid community fees on the property, or that a major renovation costing €50,000 is planned that they must contribute to. Others discover they have no voting rights because the previous owner forgot to transfer membership.

This guide gives you a complete overview of:

• What a Comunidad de Propietarios is and how it works
• Your rights and obligations as a member
• Community fees and what they cover
• General meetings and voting rights
• New rules on holiday rentals
• What to check BEFORE you buy

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What is a Comunidad de Propietarios?

Definition and Legal Framework

A Comunidad de Propietarios (abbreviation: CP) is a legal association of all owners in a building or residential complex with shared facilities.

| Aspect | Details | |--------|---------| | Legal Regulation | Ley de Propiedad Horizontal (Horizontal Property Law) | | In Force Since | 1960, last revised 2013 and 2023 | | Supplemented By | The association's own bylaws (estatutos) | | Membership | Automatic and mandatory when you buy |

Important: If you purchase a property in a building or complex with common areas, you automatically and obligatorily become a member of the CP. You cannot opt out of membership.

What Constitutes a Comunidad?

A CP exists when there are:

• Multiple independent properties (apartments, townhouses, etc.)
• Common elements that all owners share:
  • Common building elements (roof, facade, foundation, stairwells)
  • Shared facilities (elevator, pool, garden, parking)
  • Technical installations (water supply, sewage, electricity)

Examples:

• ✅ Apartment complex with 20 apartments
• ✅ Townhouse area (urbanización) with shared pool and garden
• ✅ High-rise with 100 apartments
• ❌ Detached villa without shared facilities (no CP)

Cuota de Participación - Your Share

When you buy the property, you are assigned a cuota de participación—your share of the community.

| What It Represents | Description | |--------------------|-------------| | Property Size/Value | Your property's size and value relative to the entire complex | | Fee Share | Your share of community expenses | | Income Share | Your share of any community income | | Voting Weight | Your voting weight for decisions (though typically 1 vote = 1 property) |

Where to Find It:

• In your deed (escritura de compraventa)
• In the bylaws (estatutos)
• Typically expressed as: "Cuota: 1.85%" (example)

Example:

Apartment complex with 50 units
Your cuota: 2.5%
Annual community expenses: €100,000
Your share: €100,000 × 2.5% = €2,500/year

Important: Your cuota normally cannot be changed unless the property is physically altered (e.g., merging two apartments) or the entire CP votes for a new distribution.

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Community Fees (Gastos de Comunidad)

What Do Community Fees Cover?

Community fees are the ongoing costs for operating and maintaining common areas.

Typical Items:

| Category | Expenses Included | |----------|-------------------| | Fixed Operating Costs | Pool maintenance, gardening, electricity for common areas, water for pool/garden, elevator service, common waste disposal | | Personnel | Caretaker (conserje), cleaning staff, security personnel | | Insurance | Building insurance for common parts, liability insurance | | Administration | Administrator fee, accountant/lawyer as needed | | Reserve Fund | Savings for future expenses (new roof, facade painting) |

Typical Amounts

Community fees vary enormously depending on:

• Complex size
• Facilities (pool, garden, elevator, security)
• Region (more expensive in tourist areas)
• Standard and maintenance level

Examples (Monthly Amounts):

| Property Type | Monthly Fee | |---------------|-------------| | Small apartment complex (10-20 units), no pool | €30-60 | | Medium complex with pool | €80-150 | | Large complex with pool, garden, security | €150-300 | | Luxury complex with multiple pools, fitness, concierge | €300-600+ | | Townhouse areas | €50-120 (often lower as common areas are smaller) |

How Are Community Fees Paid?

Payment Frequency:

• Monthly: Most common
• Quarterly: In smaller complexes
• Annually: Rare

Payment Methods:

| Method | Recommendation | |--------|----------------| | Direct Debit (domiciliación bancaria) | Most recommended—automatic monthly deduction | | Manual Transfer | Requires you to remember; risk of delay | | Cash to Administrator | Rare in modern complexes—always demand receipt! |

⚠️ IMPORTANT: Update your payment details when buying! When you buy the property, you must immediately:

• Notify the administrator that you are the new owner
• Provide your Spanish bank account
• Set up direct debit
• Check that the first payment goes through

What If You Don't Pay?

Failure to pay community fees has serious consequences:

| Phase | Timeline | Consequences | |-------|----------|--------------| | Reminder | 0-3 months behind | Reminder letter, late payment interest (typically 10-12% annually), collection fee (€50-100) | | Legal Action | 3-6 months behind | CP can sue you, legal costs added to your debt (typically €1,000-3,000 extra in lawyer fees) | | Lien & Forced Sale | 6+ months behind | CP can register a lien on your property, property can be auctioned, you lose the property |

Suspension of Rights:

• You lose voting rights at general meetings (if more than 3 months in arrears)
• May be denied access to common facilities (pool, etc.)—though legally questionable

When Selling:

• Buyer's lawyer will always check for CP debt
• You must pay all debt before the deed can be signed
• Seller is liable for debt from the last 3 years (buyer is also liable!)

💡 IMPORTANT: Always check before buying! As a buyer, you (via your lawyer) should always obtain:

• Certificado de estar al corriente de pago (proof that seller is current with payments)
• Statement of any arrears
• Copy of latest accounts

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General Meeting (Junta de Propietarios)

The general meeting is the supreme decision-making body in the CP. All important decisions about operations, budget, maintenance, and rules are made here.

Ordinary General Meeting

| Aspect | Details | |--------|---------| | Frequency | At least once annually | | Typical Timing | First quarter (January-March), or before summer in tourist areas | | Notice Period | At least 6 days before the meeting (some bylaws require 15 days) |

Purpose:

• Approval of accounts for the previous year
• Approval of budget for the current year
• Election or re-election of administrator
• Discussion of maintenance projects
• Information about important matters

Notice Must Include:

• Date, time, and place
• Agenda (what will be discussed and voted on)
• Accounts and budget (as attachments)
• Any other relevant documents

Extraordinary General Meeting

When Held: When special issues arise between ordinary meetings.

Examples:

• Major unforeseen repairs (e.g., damaged roof)
• Amendment of bylaws
• Dismissal of administrator
• Decision to ban holiday rentals
• Approval of particularly large expenditure

Who Can Call It:

• The administrator
• At least 25% of owners (measured by cuotas)

Your Voting Rights

Basic Rule: 1 property = 1 vote

This applies regardless of:

• The size of your property
• Your cuota de participación
• Whether you live there or not

Exception: In some bylaws, voting weight can be proportional to cuota. Check your bylaws!

Representation: If you cannot attend, you can:

• Give power of attorney (poder) to another person
• Often the power of attorney must be written and submitted before the meeting
• Your representative can be spouse, neighbor, lawyer, etc.

Loss of Voting Rights: If you are more than 3 months behind with community fees, you lose voting rights (but still have the right to attend).

Meeting Procedure

1. Establishing Quorum There must be sufficient attendance (quorum):

| Call | Requirement | |------|-------------| | First Call | Typically requires majority (50%+ of cuotas) | | Second Call | Often no quorum requirement (those present can decide) |

Therefore, meetings are normally called for two times on the same day:

• First meeting at 6:00 PM (requires quorum)
• Second meeting at 6:30 PM (no quorum requirement)

2. Election of Chair and Secretary Often the administrator serves as chair.

3. Review of Agenda

• Approval of last year's minutes
• Accounts
• Budget
• Specific proposals

4. Discussion and Voting Each item is discussed and voted on.

5. Documentation Everything must be recorded in minutes (acta).

Decisions and Majorities

Different decisions require different majorities:

| Type of Decision | Majority Required | Examples | |------------------|-------------------|----------| | Simple Majority | 50%+ of present votes | Approval of accounts, approval of budget, ordinary maintenance, administrator's fee | | Qualified Majority | 3/5 of all cuotas | Major renovation projects, installation of new facilities, ban on holiday rentals (NEW from 2023), changes in use of common areas | | Unanimity | 100% | Change of cuota de participación, amendment of bylaws (in many CPs), change of facade or architecture, merger or division of units |

IMPORTANT: Many bylaws have their own specific rules. Always check your bylaws!

Minutes (Acta)

After the meeting, minutes are prepared that:

• Describe what was discussed
• State voting results
• Are signed by chair and secretary
• Are sent to all owners within 30 days

Legal Significance: The minutes are legally binding. If you were not at the meeting and disagree, you normally have 30 days to challenge the decision in court.

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New Rules on Holiday Rentals (2023)

In June 2023, a new housing law (Ley de Vivienda) was passed that gave homeowner associations significant power to regulate holiday rentals.

What Has Changed?

| Before 2023 | After 2023 | |-------------|------------| | CP could not ban holiday rentals | CP can now legally ban or restrict holiday rentals | | Individual bylaws attempted bans, but it was legally uncertain | Requires 3/5 majority at general meeting | | Many CPs were frustrated by "hotelization" | Changes must be incorporated into bylaws |

What Can the CP Decide?

1. Total Ban: "In this homeowner association, short-term/holiday rental is prohibited."

2. Restriction: "Maximum 20% of units may be used for holiday rentals."

3. Special Requirements: "Holiday rental is permitted subject to:

• Soundproofing in apartment
• Special deposit of €5,000
• Local contact person available 24/7 to handle problems"

How Is It Decided?

Process:

1. Proposal is made (by administrator, board, or owners)
2. Notice for general meeting with proposal on agenda
3. Discussion at the meeting
4. Vote: Requires 3/5 of all cuotas (not just those present!)
5. Adoption in bylaws
6. Registration of amended bylaws

Example:

Complex with 50 units, cuotas of 2% each
Total cuotas: 100%
Required majority: 60% (3/5)

Present at meeting: 35 units (70% of cuotas)
Votes for ban: 32 units (64% of cuotas)
Result: ADOPTED (64% > 60%)

What About Existing Rentals?

Transitional Rule: If you already had legal holiday rentals (with tourist license) BEFORE the CP's ban, you can normally continue.

But:

• This only applies as long as YOU own the property
• If you sell, the new owner cannot continue the rental
• Some bylaws may have stricter rules

Illegal Rental: If you rented illegally (without license), you get no protection. The CP can stop you immediately.

Consequences of Violation

If the CP has banned holiday rentals and you do it anyway:

| Source | Sanctions | |--------|-----------| | From CP | Fine (set in bylaws, e.g., €3,000-10,000), loss of voting rights, lawsuit from CP, demand for immediate cessation | | From Authorities | Municipal fines for illegal rental (€10,000-40,000), denial of tourist license |

💡 Advice for Buyers: BEFORE buying a holiday home with rental plans:

1. ❗ Read the bylaws carefully
2. ❗ Get written confirmation that rental is permitted
3. ❗ Check minutes from recent general meetings (has a ban been discussed?)
4. ❗ Have a lawyer review everything

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Administrator (Administrador de Fincas)

Most CPs have a professional administrator to handle daily operations.

What Does the Administrator Do?

| Category | Tasks | |----------|-------| | Administrative | Prepare budget and accounts, collect community fees, bookkeeping, correspondence with owners, document filing | | Meetings | Call general meetings, take minutes, advise on decisions | | Practical | Coordinate repairs and maintenance, contract with suppliers (pool, garden, cleaning), monitor that work is done correctly, handle emergencies | | Legal | Enforce bylaws, pursue debtors, represent CP externally (with authorization from general meeting) |

Professional vs. Resident Administrator

| Type | Pros | Cons | |------|------|------| | Professional Administrator | Trained and experienced, knows the law, has administration tools, objective and independent | Costs money (€0.50-2 per unit per month + VAT) | | Resident Administrator | Free or very cheap, knows the complex well, engaged in the community | Often lacks experience, time-consuming, risk of personal conflicts |

Small complexes (10-20 units): Often resident administrator Medium and large complexes: Typically professional

How Is the Administrator Selected/Dismissed?

| Action | Requirement | |--------|-------------| | Appointment | Decision at general meeting, simple majority, contract typically for 1-3 years | | Dismissal | Also requires only simple majority, can happen at ordinary or extraordinary meeting |

If 25% of owners demand it, an extraordinary meeting must be called.

Fee

Professional Administrators: Typically paid according to two models:

| Model | Typical Amount | |-------|----------------| | Fixed Monthly Amount per Unit | €5-15/unit/month + VAT (21%) | | Percentage of Budget | 5-10% of annual budget |

What's Included:

• General administration
• Accounting
• Calling ordinary general meeting
• Collection

Extra Payment For:

• Extraordinary general meetings
• Lawsuits
• Special legal advice

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Problems and Conflicts

Neighbor Noise and Nuisances

Most Common Complaints:

• 🔊 Noise from neighbors (parties, music, children)
• 🐕 Barking dogs
• 🚬 Smoking on balconies (smell reaches neighbors)
• 🚗 Parking in others' spaces

Resolution Steps:

1. First: Talk to the neighbor directly (politely!)
2. Then: Complain to administrator
3. If Not Resolved: Attend general meeting and discuss
4. Last Resort: Lawsuit (expensive and slow)

House Rules (normas de convivencia): Most CPs have house rules in the bylaws:

• Quiet hours (typically 10:00 PM - 8:00 AM)
• Prohibition of noisy activities
• Pet rules
• Parking rules

Violations can result in fines (set in bylaws).

Disagreement About Expenses

Scenario: CP decides on major renovation (e.g., new roof for €80,000). You think it's too expensive or unnecessary.

Your Options:

1. Participate actively in the general meeting and vote against
2. Propose alternative solution with lower cost
3. Demand multiple quotes from different contractors
4. Accept the decision if the majority votes for it

Can You Refuse to Pay? No! If the general meeting with correct majority decides on an expense, you are bound—even if you voted against.

Exception: If the decision was illegal (e.g., wrong majority, missing notice), you can sue to have it annulled.

How Are Conflicts Resolved?

| Step | Description | |------|-------------| | 1. Dialogue | Always try friendly dialogue first | | 2. Mediation | Some CPs use a mediator (mediador) for conflicts | | 3. General Meeting | Get the issue on the agenda—community opinion can help | | 4. Legal Assistance | Contact lawyer if CP makes illegal decisions, you're wrongfully denied rights, or there are serious bylaw violations | | 5. Lawsuit | Last resort. Expensive (€5,000-15,000+) and slow (1-3 years) |

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Your Rights as a Foreign Owner

Do You Have the Same Rights as Spaniards?

Yes, completely! As an EU citizen, you have:

• ✅ Same property rights
• ✅ Same voting rights in CP
• ✅ Same access to facilities
• ✅ Same duties and rights

There must not be discrimination based on nationality.

Information in Your Language?

No, there is no right to this.

The CP communicates in Spanish:

• Notices
• Minutes
• Budgets
• Bylaws

Solutions:

• Have documents translated (use lawyer or professional translator)
• Ask to receive documents well in advance
• Bring an interpreter to general meetings

How Do You Stay Informed?

1. Update your contact info: Ensure administrator has your postal address, email, and phone number
2. Read notices carefully: Even if in Spanish, get important ones translated
3. Attend general meetings: Either in person or by power of attorney
4. Network with other owners: Find other English speakers in the complex
5. Use the administrator actively: Ask if in doubt!

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Checklist: Before Buying in a Homeowner Association

Use this checklist to avoid unpleasant surprises:

☐ Obtain and Review Documents

Via seller or your lawyer:

• [ ] Bylaws (estatutos)—get the most important parts translated
• [ ] House rules (normas de régimen interior)
• [ ] Last 2-3 years of minutes from general meetings
• [ ] Latest accounts (annual accounts)
• [ ] Budget for current year
• [ ] Proof seller is current (certificado de estar al corriente de pago)

☐ Check Financial Matters

• [ ] What are the monthly community fees? Can you live with that?
• [ ] Are there unpaid bills on the property?
• [ ] Are major renovations planned soon?
• [ ] Is there a built-up reserve fund? (good sign!)
• [ ] Are there pending lawsuits against or by the CP?

☐ Investigate Rules and Restrictions

• [ ] May the property be rented? (Long-term? Short-term?)
• [ ] Is there a ban on holiday rentals?
• [ ] Has it been discussed to introduce a ban? (check minutes)
• [ ] May you have pets?
• [ ] Are there restrictions on modifications in the apartment?
• [ ] Parking rules?

☐ Assess Facilities and Maintenance

• [ ] Visit the complex and see the common areas
• [ ] Are pool, garden, and buildings in good condition?
• [ ] Does the elevator work?
• [ ] Is there visible damage (cracks, moisture, etc.)?
• [ ] Talk to other owners about their experience

☐ Understand Governance

• [ ] Who is the administrator? Professional or resident?
• [ ] How many units in the complex?
• [ ] What is your cuota de participación?
• [ ] When was the last general meeting?
• [ ] Are there conflicts in the complex? (ask neighbors discreetly)

☐ Legal Review

• [ ] Have your lawyer review all documents
• [ ] Check that there is no lien on the property (Nota Simple)
• [ ] Verify that the deed matches cadastral and registry
• [ ] Confirm no debt to CP

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Conclusion

As a member of a Comunidad de Propietarios in Spain, you have both rights and obligations:

Rights:

• ✅ Voting rights at general meetings
• ✅ Access to all common facilities
• ✅ Insight into accounts and budget
• ✅ Influence on decisions

Obligations:

• ✅ Pay community fees on time
• ✅ Respect bylaws and house rules
• ✅ Participate in decision-making (or give power of attorney)
• ✅ Contribute to the community

Key Advice:

1. Before buying: Investigate the CP thoroughly—request all documents
2. When buying: Have lawyer review everything, confirm no debt
3. After buying: Update contact info with administrator immediately
4. Ongoing: Pay on time, attend general meetings, stay informed
5. If problems arise: Start with dialogue, use administrator, get legal help if needed

A well-functioning homeowner association can make your property experience fantastic. A poorly functioning one can become a major headache. Invest time in understanding the system—it pays off!

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Frequently Asked Questions

Can I avoid being a member of the homeowner association?

No, membership is automatic and mandatory when buying property in a complex with shared facilities. You cannot opt out, and you cannot sell your share separately.

What if I never use the pool—do I still have to pay?

Yes, community fees cover all shared facilities and services regardless of whether you use them. It's like taxes—you also pay for public services you don't use. Your share is set in the cuota de participación.

Can the homeowner association suddenly raise community fees by 50%?

Not without approval at a general meeting. The budget must be approved annually by the owners. Large increases will normally be discussed and require a majority. You have the right to vote against, but if the majority votes for it, you are bound.

I never received notice of the general meeting—are the decisions valid?

Only if the notice was sent to the address the CP has registered for you. It is YOUR responsibility to update your address with the administrator. If you can prove the correct address was not used, you can challenge the decisions.

Can I sue the homeowner association if I disagree with a decision?

Yes, but only if the decision was made illegally (wrong majority, missing notice, contrary to law/bylaws). You cannot sue just because you disagree—democratic majority decisions are binding. The deadline to challenge is normally 3 months.

What happens if the administrator steals money?

The administrator is legally responsible and normally insured. The CP can sue for compensation. That's why it's important to demand transparent accounts and annual audits. If you suspect wrongdoing: Get it on the agenda at the general meeting immediately and consider changing administrators.

Can the homeowner association ban me from having my dog?

Only if the bylaws prohibit pets, OR if a general meeting with correct majority passes a ban. If you already had the dog when the ban was passed, you can normally keep it (existing rights protection), but check your bylaws.

Who pays if the roof needs replacing—everyone equally?

No, each owner pays according to their cuota de participación. So if you have a cuota of 2.5% and a new roof costs €100,000, you pay €2,500. Large expenses can often be spread over several years via extra monthly contributions.

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Need help with Spanish homeowner association matters? Contact me for a consultation.