What is a Community of Owners?

All property owners of a block form the Community of Owners.

Is there a Community of Owners legislation?

The Community of Property Owners is subject to the Spanish Common Law, Horizontal Property Act 49/1960 of 21st July and the Community of Owners Statutes.

Which rights do I have as Property Owner?

As Property Owner, you have the following rights:
  • The owner has the right to attend the annual general meeting as well as any extraordinary meetings of the community and to participate in the decision-making process according to his share in the common property.
  • The owner may participate in the election process of the Community Government bodies, both as voter and as candidate.
  • The owner can make as many proposals as he considers relevant to the Government Bodies to improve the Community management.
  • The owner is to be informed of the decisions taken at the General meetings in the address provided.
  • The owner has the right to be informed of the activities affecting the Community.
  • The owner may contest the decisions taken by the Community of Owners according to the Horizontal Property Act and other legislation applicable.
  • The owner may receive a part of the Community assets according to his Community share if the Community of Owners is dissolved.
  • Make proposals and recommendations.
  • Any other right established in the Statutes, the Horizontal Property Act and other legislation applicable.

Which are the main obligations of the Community of Owners?

The main obligations of the community owners are:
  • The owner must respect the common parts and installations of the Complex where the property is located. He must take care of the installations that serve other owners and their own installations, ensuring not to cause any damage.
  • Maintain their property in good conservation condition so that they do not cause any harm to the other owners or the Community, by compensating damages caused by their careless or that of people they should respond for.
  • Allowing in their house or premises the repairing which the property services requires, and the indispensable easement required for the creation of common services previously agreed for general interest, such as lifts, security, porter’s lodge, and being the community responsible for compensating possible damages.
  • Allowing the entrance to their property for the purposes of the previous point.
  • Contributing to the general expenses for the proper maintenance of the property, its services, debts and responsibilities, according to their participation quota.
  • Contributing, according to their participation quota, to the reserve fund that the Community must provision for repair and conservation works of the property. The reserve fund can not be lower than 5% of the last budget approved by the Community.
  • The Community can contract an insurance which covers the damages caused in the property against this reserve fund, or might reach a permanent maintenance contract for the property and its facilities.
  • To take into account the legal measures for the use of property and their relationship with the other owners, being responsible before them for infractions and damages.
  • To inform the Secretary of the Community of the address in Spain that should be used for notifications relating the Community of owners.

Who should I contact if I change my address details?

According to the Horizontal Property Act, you must inform of any detail changes to the Secretary – Administrator of the Community.

I would like to do some works in my propery, what should I do?

Firstly, you must inform the Administrator, providing detailed information of the intended works. You will be authorised to carry out the works once confirmed they are according to the Community rules.

You must take into account that such works can not modify the architectural elements of the property, can not affect the security of the building, its general structure or prejudice the right of other owners.

Secondly, you must request and obtain all the applicable Administrative licenses well in advance to the beginning of the works.

I would like to install an awning, Should I inform the Community?

Whenever you want to install a component that alters the outside of the property, you must request permission from the Administrator prior to its installation.

What are the governing bodies of a Community?

The governing bodies of a Community are, as established in the Horizontal Property Act, the following:
  • Board of Owners.
  • The President and, in any instance, the Vice-Presidents.
  • The Secretary.
  • The administrator.

What happens if I do not pay my Community fees?

You will become a debtor to the Community, and the President can decide to initiate legal actions against you, if agreed by the Owner’s Board at the General Meeting. Likewise you will be reliable in accordance to the terms established in the Statutes of the Community.

If the owner does not live in the property, how will he be notified of any debts to the Community?

Every owner is obliged to inform the Secretary of the Community an address in Spain for notifications. If an owner does not provide this information, the address of the property he owns in the Community will be considered for notifications even if it might be placed on the bulletin board of the Community.

I would like to buy a property, how do I know if the previous owner is up to date with the Community fees?

The Law establishes that the seller must provide a certification from the Secretary and with the approval of the President of the status of debts to the Community at the time of signing the Deeds. Without this certificate the Deeds should not be signed unless otherwise agreed by the buyer.