Community of Owners in Spain — Property Owner’s Guide (2026)

What Is a Comunidad de Propietarios?

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In Spain, every building or development with multiple individually-owned units (apartments, townhouses, villas in a complex) is governed by a Comunidad de Propietarios — a Community of Owners. This is not optional: it is a legal requirement under the Ley de Propiedad Horizontal (LPH, Law 49/1960, extensively reformed).

The Community manages the common areas and shared infrastructure of the property. These typically include:

• Stairways, lobbies, and hallways
• Lifts (elevators)
• Swimming pools, gardens, and sports facilities
• Exterior walls, roofs, and structural elements
• Water, drainage, and electrical infrastructure
• Security and intercom systems
• Parking areas (if communal)

Rights and Obligations of Owners

Your Rights

• Use of common areas: Equal right to use all communal facilities according to their intended purpose.
• Vote at meetings: Every owner has the right to attend and vote at the Annual General Meeting (AGM) and any Extraordinary General Meetings (EGMs). Your voting weight is proportional to your cuota de participación (ownership share coefficient) stated in the escritura.
• Propose motions: Request that items be added to the AGM agenda (in writing to the President or Administrator before the meeting).
• Challenge decisions: If you believe a community decision is illegal or seriously harmful to your interests, you can challenge it in court within 3 months (or 1 year for decisions contrary to law or the community statutes).
• Receive information: Right to access community accounts, minutes, and contracts.
• Make improvements to your own property: Provided they do not affect the building’s structure, external appearance (without community approval), or other owners’ rights.

Your Obligations

• Pay community fees (cuotas): Monthly or quarterly contributions to the community budget, calculated according to your cuota de participación.
• Pay special assessments (derramas): One-off contributions for major works or unexpected expenses, approved by the community meeting.
• Maintain your property: Keep your unit in good condition so it does not cause damage to common areas or other units.
• Allow access: You must permit entry to your property for necessary repairs to communal installations (e.g., plumbing that runs through your unit).
• Comply with community rules: The Estatutos (statutes) and Normas de Régimen Interior (internal rules) are binding on all owners and their tenants.
• Notify the community of your address: Especially important for non-resident owners, as official communications are sent to the address on file.

Annual General Meetings (Juntas)

The AGM (Junta Ordinaria)

Every community must hold at least one AGM per year. This meeting typically:

• Approves the annual budget and community fees
• Reviews the previous year’s accounts
• Elects or re-elects the President and other officers
• Approves or rejects maintenance and improvement works
• Addresses any items on the agenda proposed by owners

Voting Requirements

Decision Type	Majority Required	Examples
Ordinary maintenance	Simple majority (attending)	Annual budget, routine repairs
Improvements/new installations	3/5 majority (all owners)	Installing a lift, accessibility works
Change community statutes	Unanimity	Changing the use of common areas, modifying participation quotas
Short-term rental restrictions	3/5 majority (all owners + quotas)	Banning or limiting tourist lets (since 2019 reform)

Proxy Voting

If you cannot attend, you can delegate your vote to another person (another owner, your tenant, your lawyer, or any third party) via a written proxy. This is essential for non-resident owners. The proxy can be specific (voting instructions for each item) or general.

Community Fees and Special Assessments

Regular Community Fees (Cuotas)

Community fees cover the annual operating budget, which typically includes:

• Building insurance
• Cleaning and gardening
• Lift maintenance
• Swimming pool maintenance
• Security/concierge
• Administrator fees
• Electricity for common areas
• Reserve fund contribution (minimum 10% of ordinary budget by law)

Fees vary enormously depending on the property type and amenities:

Property Type	Typical Monthly Fee
Small apartment block (no pool)	30–80 EUR
Urbanisation with pool and gardens	80–200 EUR
Luxury complex (concierge, gym, multiple pools)	200–500+ EUR
Townhouse in a gated community	100–300 EUR

Special Assessments (Derramas)

When major works are needed — a new roof, lift installation, structural repairs, painting the building — the community may approve a derrama (special levy). This can be a one-off payment or spread over several instalments. All owners must contribute according to their participation quota.

Key legal point: When buying a property, the buyer inherits any outstanding community debts. Your lawyer should always obtain a certificado de estar al corriente de pago (certificate confirming fees are up to date) from the administrator before purchase.

Short-Term Rental Restrictions (2019 & 2025 Reforms)

This is one of the most significant recent changes in Spanish property law:

2019 Reform (Royal Decree-Law 7/2019)

For the first time, communities were given the power to restrict or ban short-term tourist rentals. A 3/5 majority of owners (representing 3/5 of participation quotas) can:

• Ban tourist rentals entirely
• Limit the number of units that can be rented to tourists
• Impose conditions (e.g., minimum stay, noise rules)
• Increase community fees by up to 20% for units used as tourist rentals

2025 Developments

Several autonomous communities (notably Catalonia, the Balearic Islands, and Valencia) have introduced or proposed further restrictions on short-term rentals. The national government is also working on new regulations that may give communities even greater powers. If you are considering renting your property to tourists, check:

• Your community’s statutes for any existing restrictions
• Whether the community has voted to restrict tourist lets
• Regional licensing requirements (e.g., the VUT licence in Andalusia)
• Municipal zoning regulations

Disputes and Resolution

Common Disputes

• Non-payment of fees: The community can pursue a fast-track debt recovery procedure (procedimiento monitorio) through the courts. This is efficient and the community does not need a lawyer for claims up to 2,000 EUR.
• Noise and nuisance: Addressed through the internal rules. The President can formally warn offending owners/tenants. Persistent problems can lead to court action and even temporary prohibition of use.
• Unauthorised works: Modifications to common areas or to the building’s facade without community approval can be ordered to be reversed.
• Disagreement over special assessments: Owners can challenge the amount or necessity of a derrama in court, but must still pay while the challenge is pending.

Resolution Options

1. Direct negotiation: Through the President or Administrator.
2. Mediation: Many municipalities offer free mediation services for community disputes.
3. Court action: Civil courts (Juzgados de Primera Instancia) handle community disputes. Fast-track procedures exist for debt recovery.

Non-Resident Owner Responsibilities

If you own property in Spain but do not live there permanently, you have specific obligations:

• Appoint a representative: Notify the community of your contact address (or a representative’s address) in Spain. Official communications sent to the address on file are legally valid, whether you read them or not.
• Set up direct debit: Arrange automatic payment of community fees from your Spanish bank account to avoid arrears.
• Attend or send proxy: Appoint a proxy for AGMs and EGMs. If you do not attend or send a proxy, your vote will be counted as in favour of the majority decision (unless you object within 30 days of receiving the minutes).
• Check for derramas: Special assessments can be approved at any meeting. Keep in touch with your administrator or appoint a property manager.
• Maintain insurance: While the community insures the building structure, you should insure your own contents and third-party liability (e.g., water damage from your unit affecting neighbours below).
• Tax obligations: Non-resident property owners must file Modelo 210 annually. Community fees are not deductible against imputed rental income for non-residents.
• Tourist rental approval: since a 2025 reform, converting a unit to tourist rental generally needs prior express community approval — see what changed and what it means for you.

Frequently Asked Questions

Related Guides

• Buying Property in Spain — Complete Guide 2026
• Rental Law in Spain Guide
• VUT Tourist Licence Andalusia 2026

For a complete overview of property law and conveyancing in Spain, see our Buying Property in Spain Complete Legal Guide 2026.

Reviewed by María Luisa de Castro, CEO at CostaLuz Lawyers — specialist in Spanish property & community-of-owners law — Updated 2026

This is general information, not definitive legal advice — every case requires individual analysis.

New-build buyers specifically should also see our guide to community fees in your first year of a new development.