What you need to know about housing: Community of owners in Spain
- Every flat, townhouse or urbanisation property in Spain automatically belongs to a community of owners in Spain, known as the comunidad de propietarios.
- The system is governed by the Horizontal Property Law, Law 49/1960, most recently amended by Organic Law 1/2025.
- Since April 2025, new tourist rentals require the express prior approval of three-fifths of the community.
- Buyers inherit liability for the seller’s unpaid community fees for the current year and the three preceding years.
- A community debt certificate must be presented to the notary before completion.
- Communities decide through general meetings with different voting majorities depending on the decision.
- Non-resident owners can vote by proxy and should appoint a representative for notifications.
What is the community of owners in Spain, and how does it affect housing?
Most foreign buyers focus on the property itself, the price and the taxes, and only discover the comunidad de propietarios after completion.
That is a mistake, because the community of owners in Spain controls the building you are buying into, sets recurring costs and can decide whether you may let your property to tourists.
This guide explains how the community of owners in Spain works, what liabilities a buyer inherits, how voting operates and what the 2025 reform means for rental plans.
What is a community of owners in Spain?
A community of owners in Spain is the legal entity formed automatically by all owners of units in a building or development with shared elements.
It is governed by the Horizontal Property Law, Law 49/1960 on Horizontal Property, together with the building’s constitutive title deed and community statutes.
Each unit carries a participation quota, the coeficiente de participación, fixed in the title deed.
That quota determines each owner’s share of common expenses and the weight of their vote.
Common elements typically include the structure, roof, lifts, entrance halls, gardens, swimming pools and, in urbanisations, private roads and sports facilities.
Around 66% of Spain’s population lives in flats, the highest proportion in the European Union according to Eurostat, which makes community rules relevant to almost every urban property purchase.
How the community of owners is organised
The president
Every community must have a president, who must be an owner and legally represent the community.
The role is compulsory when appointed, although an owner with good cause, such as living abroad, can ask a judge to be relieved.
The administrator
Most communities appoint a professional property administrator, the administrador de fincas, to manage accounts, maintenance and legal compliance.
The administrator is the practical point of contact for owners, including non-residents.
The general meeting
The junta de propietarios is the decision-making body and must meet at least once a year to approve budgets and accounts.
Owners who cannot attend can grant a proxy in writing, which is the standard solution for international owners.
Community fees and what they cover
Every owner pays periodic community fees, the cuotas, in proportion to their participation quota unless the statutes provide otherwise.
Fees fund cleaning, lifts, insurance, utilities for common areas, staff, maintenance and the mandatory reserve fund.
Communities can also approve one-off levies, known as derramas, for extraordinary works such as roof repairs or facade rehabilitation.
Buyers should always review the minutes of recent meetings, because an approved derrama becomes a foreseeable cost for the incoming owner.
Fee levels vary enormously, from modest amounts in small buildings to substantial monthly charges in urbanisations with pools, gardens and security, which is one of the recurring points in our guide to the legal fees and costs of buying property in Spain.
Community debts and the buyer’s liability
Spanish law attaches community debts to the property itself, not only to the debtor.
Under Article 9 of the Horizontal Property Law, the buyer answers with the property for unpaid community fees corresponding to the current year and the three preceding years.
For that reason, the seller must present a certificate of community debts, issued by the community secretary or administrator, at the notary before completion.
Verifying this certificate is a standard step in professional conveyancing in Spain, together with checks on charges, planning status and taxes.
Foreign buyers accounted for almost 15% of all Spanish home purchases in 2024, according to the Colegio de Registradores, and a significant share of those purchases involved properties within communities of owners.
Buying without reviewing the community’s minutes, statutes, and debt position is one of the most expensive shortcuts a foreign purchaser can take.
Our property law team in Valencia reviews the full community documentation before clients sign a purchase contract.
Voting rules in the community of owners
Decisions in a community of owners in Spain require different majorities depending on their nature.
| Type of decision | Majority required |
|---|---|
| Ordinary management, maintenance and budgets | Simple majority of owners and quotas present |
| New common services, such as pools or concierge services | Three-fifths of owners and quotas |
| Approving, limiting or conditioning tourist rentals | Three-fifths of owners and quotas |
| Lift installation | The majority of owners represent a majority of quotas |
| Accessibility works within the statutory cost limits | Obligatory, no vote required |
| Amending the title deed or community statutes | Unanimity |
Votes are counted by heads and by participation quotas at the same time, so a single large owner cannot control the community alone.
Agreements can be challenged in court within three months, or within one year when they breach the law or the statutes.
Tourist rentals and the 2025 reform
The most consequential recent change for investors is Organic Law 1/2025, in force since 3 April 2025.
Owners who want to start letting a unit as tourist accommodation now need the express prior approval of three-fifths of the community of owners in Spain.
Communities can also impose conditions on tourist lets or increase the community fee share of units used for that activity.
Properties that were already lawfully operating as tourist accommodation before the reform generally keep their acquired rights.
This community-level filter operates in addition to regional licensing rules, which in the Valencian Community have tightened considerably, as explained in our analyses of the Valencia tourist accommodation rules and the new national rules for short-term rentals in Spain.
Close to 400,000 dwellings in Spain operate as tourist accommodation according to INE estimates, which explains why community approval has become a central battleground for rental investors.
Non-resident owners in a community of owners
Foreign and non-resident owners hold the same rights and obligations as Spanish residents.
They can attend meetings, vote, be elected president and challenge agreements.
In practice, distance creates two risks: missed notifications and missed votes.
Owners should communicate a Spanish address or email for notifications, because notices validly served at the property or on the community board can start legal deadlines even if the owner never reads them.
Many international clients grant a limited power of attorney so that a lawyer can represent them at meetings and receive notifications, a mechanism described in our guide to the power of attorney in Spain for non-residents.
Community fees are also relevant when calculating the annual cost of ownership alongside IBI and other charges, which we break down in our overview of Spain’s regional property taxes.
Common mistakes foreign buyers make with communities
- Completing a purchase without the community debt certificate or without reading it.
- Ignoring the minutes of recent meetings, where approved derramas and disputes appear.
- Assuming tourist rental is permitted because the property has a licence, without checking community approval.
- Failing to notify an address for communications, so deadlines run without the owner’s knowledge.
- Not paying fees during a dispute, which allows the community to sue and register the debt against the property.
- Overlooking the statutes of urbanisations, which can restrict works, fencing, pools and even pets.
- Buying off-plan without checking how quotas and common costs are distributed in the title deed.
How Delaguía y Luzón can assist with your community of owners
Delaguía y Luzón Abogados has advised international property owners from Valencia since 1960, with a client base that is approximately 90% international.
Before a purchase, our property team reviews the statutes, minutes, debt certificates and rental restrictions of the community of owners in Spain so that clients know exactly what they are buying into, including buyers following our guidance on buying a house in Valencia as a non-resident.
After completion, we represent non-resident owners at general meetings, challenge unlawful agreements, recover damages from communities and defend owners in fee disputes.
We work in English, German, French, Spanish and Russian, so owners deal with their community through a single multilingual legal contact.
Speak to our property team in Valencia
Contact our legal team for personalised guidance on community of owners matters, purchase due diligence or rental restrictions.
Email: felix.delaguia@delaguialuzon.com
Phone: +34 963 74 16 57
Office: Avinguda Regne de Valencia, 6, 1º-2º, 46005 Valencia
FAQs about the community of owners in Spain
Is membership in the community of owners compulsory?
Yes, ownership of a unit in a building or development with common elements makes you a member of the community of owners in Spain automatically, with no possibility of opting out.
What do community fees usually cover?
Fees cover the maintenance and running costs of common elements, such as cleaning, lifts, insurance, gardens, pools, staff and the mandatory reserve fund.
Am I liable for the previous owner’s community debts?
The property answers for unpaid fees from the current year and the three preceding years, so the debt certificate presented at the notary is essential.
Can the community stop me renting my flat to tourists?
Yes, since Organic Law 1/2025, new tourist rentals require the express prior approval of three-fifths of the community, in addition to any regional licence.
Can I vote if I cannot attend the general meeting?
Yes, you can grant a written proxy to another person, including your lawyer, who attends and votes on your behalf.
What happens if I stop paying my community fees?
The community can claim the debt through a fast-track court procedure, add interest and costs, and register the debt against your property, and debtors lose their vote at meetings.
Can a foreigner be president of the community?
Yes, any owner can be elected president regardless of nationality, and the appointment is, in principle, obligatory, although a judge can relieve an owner with good cause.
How can I challenge a community agreement I consider unfair?
Agreements can be challenged in court within three months of adoption, or within one year when they breach the law or the community statutes, provided you voted against or were absent.
What is a derrama?
A derrama is an extraordinary levy approved by the community to fund specific works or expenses not covered by the ordinary budget.
What documents about the community should I review before buying?
You should review the statutes, the minutes of at least the last two or three general meetings, the debt certificate and any rules on rentals, works or use of common elements.
