How a Spanish owners' community works

Terms used

• Comunidad de propietarios — The comunidad de propietarios is the compulsory body of all owners in a building or estate, which manages the shared parts.
• Estatutos — The estatutos are the community's written rules on use of the property, cost sharing and running the building.
• Cuota — The cuota is the percentage share of the building assigned to your property, used to split common costs.
• Fondo de reserva — The fondo de reserva is the community's savings fund for repairs and works, which must be at least 10% of its last ordinary budget.
• Administrador — The administrador is the person or firm that manages the community's upkeep, accounts, meetings and fee collection.

Key rules

• Membership: Owning a home in a shared building makes you a member of the community automatically.
• Reserve fund: The community must hold a reserve fund of at least 10% of its last ordinary budget.
• Statutes: Read the statutes before buying, because they can restrict how you use your home.
• Notice address: Give the community an address in Spain, or notices go to your home.
• Unpaid fees: Unpaid fees add interest and costs.

What a community is

If your home is in a building or estate with shared parts, you automatically belong to the comunidad de propietarios. Membership is compulsory. You cannot opt out. The community is made up of all the owners and manages the common areas: stairs, roof, lifts, entrance, garden, pool and shared installations.

The community runs on its estatutos (statutes) and on the national property law. Ask for a copy of the statutes before you buy. They are the rulebook for your building.

Statutes: the rules of your building

Statutes can cover how the property and its services are used, how costs are split, how the building is run and insurance. They can restrict uses of your home, as long as they do not break the law.

• A restriction, for example on pets, only counts if it is clearly written and validly adopted.
• Changing the statutes usually needs every owner to agree.
• Harmful, dangerous, unhealthy, noisy or illegal activities are banned in any case.
• Tourist rentals can be restricted or made conditional by a three-fifths majority of owners and of ownership shares.
• Agreements that go against the law or the statutes can be challenged.

Fees and your share

You pay a share of the general costs in line with your cuota, the percentage set for your property in the deeds. The statutes or a unanimous agreement can set a different split.

Costs of services only some owners use, such as a lift or a staircase of one block, can be assigned to those who benefit. Even if the statutes exempt you from a service, you may still have to help pay its upkeep unless they say otherwise. Check the statutes for your building.

Reserve fund

The fondo de reserva is a cushion for repairs. The community must hold at least 10% of its last ordinary budget. It pays for upkeep, repair and safety work, rehabilitation works and the building insurance. It can also cover accessibility and energy-efficiency works. Statutes may require a higher percentage. You pay into it through your regular fees.

The administrator

The administrador looks after the building's upkeep and services, prepares the budget and accounts, calls meetings, carries out agreements, collects fees, pays bills and keeps the community's documents. Unless the meeting names someone else, the administrator also acts as secretary.

Having one is not mandatory. The role can go to the president, and small communities may have none. It can be held by an owner, a qualified professional or a firm. Some regions regulate professional administrators, for example Catalonia.

Your duties as an owner

• Use the common areas and installations properly, and do not damage the building.
• Keep your own home in good condition.
• Allow access to your home for repairs, works and installations the community needs.
• Pay your fees and reserve-fund share promptly.
• Give the community an address in Spain for notices, or your home counts as that address.
• Pay interest and costs on any unpaid sums.

Rules differ by region

The national law applies in most of Spain. Catalonia has its own rules in its Civil Code, which apply there instead. Aragón and Navarre have some extra provisions. If you are in one of those regions, check the specific rules with the administrator or a local lawyer.

The warning and quick answers below cover pitfalls and common questions such as pets, tourist rentals and meetings.

What to watch out for

What to watch out for in your community

• Statutes can restrict how you use your home: Your community's statutes can set rules on how you use your unit and the shared services, how costs are split, administration and insurance. A rule you ignore can lead to a complaint or a claim against you. Ask for a copy of the statutes before you buy or rent out, and read the sections on use of the property.

• A restriction only counts if it is clearly written and validly adopted: A ban on pets or on a particular use is only binding if it is clearly stated in the statutes and was adopted properly. Neighbours may claim a rule exists when it does not. Ask the administrator to show you the exact clause and the meeting where it was approved.

• Changing the statutes usually needs every owner: Amending the statutes generally requires unanimity, so you cannot count on changing a rule you dislike. Limiting tourist rentals is an exception with a lower vote. Before you buy for tourist lets, check what the statutes already say about them.

• Harmful, dangerous, noisy or illegal activities are banned: You cannot run activities in your unit that are harmful, dangerous, unhealthy, noisy or illegal. The community can take action against you if you do. Stop the activity once the community warns you, and ask the administrator what was reported.

• Unpaid fees add interest and costs: You must pay your share of general expenses and the reserve fund promptly, in proportion to your share. Late payment adds interest and costs on the unpaid sum. Set up a bank direct debit for the fees and pay any levy by its due date.

• Missing notices if the community has no address for you: You must give the community an address in Spain for notices, or the unit itself is used. If you live abroad, notices may go to an empty flat and you can miss decisions. Send the administrator a Spanish address or contact person in writing.

• You must allow access and look after your unit: You must let the community into your unit for repairs, works and installations it needs, and keep the unit in good condition without damaging the building. Refusing access can make you liable for damage. Leave a key or contact person with someone you trust if you are away.

Quick answers about community fees and rules

Can my community ban pets?

Only if the building's registered statutes contain a clear, validly adopted pet rule. A vote at a general meeting without unanimity is generally not enough to bind owners who did not agree. Courts have often struck down vague, general bans. Pets that cause nuisance, danger or unhealthy conditions can still be stopped, and assistance dogs are protected by disability law.

Can my community ban tourist rentals?

Yes, a community can ban or condition tourist rentals, or raise the fee share of those flats by up to 20%, if it passes the required vote. A statute that already bans them also applies. The vote is not generally retroactive, and a regional tourist licence is a separate requirement. A 2025 change also requires community approval for a new licence.

Can I refuse to pay a levy I voted against?

No, a valid agreement binds every owner, including those who voted against it or were absent. You can challenge it in court, but only if you are up to date with your debts or have deposited the amount in court. The challenge does not suspend the levy unless a judge orders it.

Do I have to attend owners' meetings?

No, attending is a right, not a duty, and you can send a representative with a written proxy. You are still bound by what is agreed. The secretary must notify you of the agreements in a way that proves you received them. If you were absent and stay silent for 30 days, that counts as consent to agreements that need unanimity.