Community of owners: rights, obligations and fees in Spain

When you buy a flat or apartment in Spain, you do not just acquire your home: you become a member of a community of owners (comunidad de propietarios). It is a mandatory structure for any building with common elements (staircase, entrance hall, roof, facade) and is governed by the Horizontal Property Act (Ley 49/1960), amended on several occasions and most recently updated in April 2025. Understanding how it works before you buy will save you surprises afterwards.

What the community of owners is

The community of owners is the entity that groups all the owners of flats, commercial premises and garages in a building or residential complex. Its purpose is to manage and maintain the common elements: the building's structure, facade, roof, staircases, lifts, garden areas, swimming pool (if any) and the general water, electricity and drainage installations.

Each owner has a participation share (cuota de participación) — a percentage reflecting the value of their property relative to the building as a whole. This share determines how much they contribute to common expenses and how much weight their vote carries in collective decisions.

Your rights as an owner

The Horizontal Property Act grants you a series of fundamental rights:

• Use and enjoyment of your property and the building's common elements, provided you do not harm other owners or alter the structure.
• Voice and vote at owners' meetings. You may attend in person or delegate your vote to another owner or a representative through written authorisation.
• Access to documentation: meeting minutes, annual accounts, budgets and supplier contracts.
• Challenge agreements you consider unlawful or seriously harmful, within one year of their adoption.
• Installation of an EV charging point in your parking space without the meeting's approval (2025 reform), by simply notifying the community and bearing the costs.

Your obligations as an owner

Rights come with unavoidable obligations:

• Pay ordinary and extraordinary fees approved by the meeting, in proportion to your participation share.
• Keep your property in good condition so it does not cause damage to other owners or to common elements.
• Allow access to your property for urgent repairs to common installations (pipes, risers, general systems), with prior notice except in emergencies.
• Do not carry out works that alter the building's structure, facade or common elements without the meeting's authorisation.
• Respect the community rules and refrain from activities that are disruptive, unhealthy, harmful or dangerous.

The fees: how much you pay and why

Ordinary expenses

Ordinary fees cover the community's day-to-day running: lift maintenance, cleaning of common areas, building insurance, electricity and water for common areas, property manager fees and, in many cases, gardening and pool maintenance.

The amount varies enormously depending on the building. A block of flats without a lift or pool may have fees of 30-60 euros per month. A complex with a pool, landscaped areas, concierge and gym can exceed 150-250 euros monthly. Before buying, always ask for a breakdown of the community's annual budget to know exactly what you are paying for.

Extraordinary expenses and special assessments

Extraordinary expenses are those outside the usual scope: facade repair, lift replacement, roof waterproofing, installation of a new service. They are funded through special assessments (derramas) — additional payments approved at owners' meetings.

Special assessments are approved by a majority of owners representing a majority of shares. If the assessment is for non-essential improvements (unrelated to maintenance, safety or accessibility) and its cost exceeds three months of ordinary fees, an owner who voted against it is not obliged to pay.

When buying a property, it is essential to ask whether any special assessments have been approved or are planned. An assessment of 5 000 or 10 000 euros per owner for a facade rehabilitation can significantly change the real cost of the acquisition.

Reserve fund

The law requires communities to maintain a reserve fund of at least 10 % of the last ordinary budget. This fund is earmarked for maintenance, repair and rehabilitation works. If the fund is below the legal minimum, it is a sign that special assessments may be needed in the short term.

The owners' meeting

The owners' meeting (junta de propietarios) is the community's governing body. It meets at least once a year (ordinary meeting) to approve the previous year's accounts and the following year's budget. Extraordinary meetings can be called when necessary.

President and property manager

The president is elected from among the owners by vote or, failing that, by rota. They legally represent the community and convene meetings. The role is mandatory: you cannot refuse the presidency if elected or if it falls to you by rota, although you may ask a judge to exempt you if you have justified grounds.

The property manager (administrador de fincas) is a professional hired by the community to handle day-to-day administration: collecting fees, paying suppliers, maintaining accounts, preparing budgets and executing meeting resolutions. Hiring one is not mandatory, but in practice the vast majority of communities do.

What to verify before buying

Before signing arras for a flat in a community of owners, check these points:

• Community debt certificate: issued by the administrator, confirming the seller is up to date with payments. Remember that as a buyer you are liable for unpaid fees from the current year and the three preceding ones.
• Minutes of recent meetings: they will give you an insight into the building's issues, planned works and the atmosphere among residents.
• Annual budget and monthly fee: to calculate the true cost of the property, always include the community fee in your monthly budget.
• Approved or planned special assessments: ask directly whether any works are pending and how much they are estimated to cost per owner.
• Reserve fund status: a low fund may signal future special assessments.
• Community rules: especially if you plan to rent the property out. Since the 2025 reform, the community can restrict short-term holiday rentals with a 3/5 majority.

Frequently asked questions

Can I refuse to pay a special assessment?

Only if the assessment is for non-essential improvements (unrelated to maintenance, safety or accessibility) costing more than three months of ordinary fees, and you voted against it at the meeting. In all other cases, the assessment is mandatory even if you disagree.

What happens if I do not pay community fees?

The community can pursue the debt through the courts. For debts under 2 000 euros, the 2025 reform allows a special payment-order procedure without the need for a lawyer or court representative. Additionally, a defaulting owner loses their voting rights at meetings as long as the debt remains outstanding.

As a foreigner, do I have the same obligations?

Yes. Nationality does not affect your rights or obligations as an owner. You have the same fees, the same voting rights and the same responsibilities as any other owner. If you cannot attend meetings because you live outside Spain, you can delegate your vote to another owner or a representative through written authorisation.

Can they force me to be president of the community?

Yes. The role of president is mandatory if you are elected or if it is your turn by rota. You can only be excused by demonstrating to a judge sufficient grounds (advanced age, illness, habitual residence outside the province). In practice, many communities resolve the issue by informal agreement, but legally the role is not voluntary.

Can the community ban me from renting my flat as a holiday let?

Yes. Since the April 2025 reform, the community can restrict or condition short-term holiday rentals with a favourable vote of 3/5 of owners representing 3/5 of shares. If such an agreement exists before your purchase, you are bound by it. Check the meeting minutes to understand the community's stance on this issue.