Author Irina Firsova Immigration lawyer in Spain, member of the Barcelona Bar Association no. 46.385 17 September 2026 9 min read Message the author

Comunidad de propietarios in Spain: fees, meetings and inherited debts

A comunidad de propietarios is not a voluntary association but a management regime imposed by law: buy a flat or a house in a development and you become part of it automatically, with an obligation to pay fees in proportion to your share. The rules come from the Horizontal Property Act 49/1960, and in Catalonia from the fifth book of the Catalan Civil Code. For an owner who is not there year-round, three things matter most: silence at a meeting counts as consent, the previous owner’s debts follow the property, and without a Spanish address for notices they are served by a notice board in the lobby.

Below: who decides what and by which majority, what changed for tourist letting in April 2025, how ordinary fees and special levies work, which debts a new owner inherits, how a comunidad collects money, how Catalonia differs and what a non-resident owner should do. What to check in the purchase itself is covered in buying a house in Spain and the nota simple.

Majorities under article 17, from a simple majority to unanimity. In red: what usually surprises the owner who did not attend the meeting.

What a comunidad is and who runs it

A comunidad exists by operation of law wherever a building has several owners and shared elements: entrance, roof, lift, pool, garden, security. Your share of the costs — the cuota de participación — is set out in the building’s deed of constitution, usually derived from floor area, and it also sets the weight of your vote.

A president is compulsory and must be an owner (article 13). If nobody is elected, the post goes by rotation or by lot, and you cannot simply decline: the appointed owner has one month to apply to a court setting out their reasons, and the judge rules and appoints a replacement. For a non-resident this is a real risk: the draw does not ask where you live.
An external manager is not compulsory. By default the president acts as secretary and manager; hiring a professional administrador de fincas is a simple-majority decision.
Terms last one year unless the statutes say otherwise, and can be ended early by an extraordinary meeting.
The meeting is held at least once a year for the budget and accounts. An extraordinary meeting is called by the president or by a quarter of the owners (or owners holding 25% of the quotas). Notice for the annual meeting: at least six days.

Votes: proxies, silence and debt

A proxy needs only a letter. Representation at a meeting is proved by a letter signed by the owner; no notary or apostille is required (article 15.1). It is sensible to state the limits: which items the proxy votes on and how.
Silence means yes. If you were absent, the minutes are sent to you, and unless you object within 30 calendar days your vote counts in favour of the decision (article 17.8). This is how expensive levies get through: objections must be in writing and on time.
A debtor does not vote. An owner whose debts are unpaid at the date of the meeting loses the right to vote, and their quota is excluded from the base for calculating majorities (article 15.2). A decision can therefore pass on the votes of a minority of the building.
Challenging a decision: three months, or one year where the decision breaches the law or the statutes (article 18.3).

Tourist letting: what changed in April 2025

This is the most important recent change for anyone who bought to let. Organic Law 1/2025 — the same law that abolished the golden visa — rewrote the rules with effect from 3 April 2025:

The logic is reversed. The new article 7.3 requires prior express approval by the comunidad for tourist letting. The old principle of “allowed unless expressly banned” is gone.
The majority is three fifths of owners and quotas, used to approve, restrict, condition or ban letting (article 17.12). The same majority can raise a tourist flat’s share of common costs, but by no more than 20%.
There is no retroactivity — but only for those who were already operating before 3 April 2025 and were registered under their region’s tourism legislation. Unlicensed letting is not protected.
Enforcement. The comunidad demands that the activity stop and then brings an acción de cesación; the court may deprive the owner of the use of the property for up to three years.

The practical conclusion for a buyer: if the plan is short-term letting, the comunidad’s approval and the regional licence are checked before the deposit, not after completion. In resort developments bans are becoming more common; such properties are covered in luxury property in Spain.

Fees, special levies and the reserve fund

Item	How it works	Rule
Ordinary fees	By participation quota, under the budget approved by the meeting	art. 9.1.e, 14
Special levy (derrama)	Paid by whoever owns the property on the date the payment falls due, not on the date of the decision	art. 17.11
Reserve fund	At least 10% of the building’s last ordinary budget	art. 9.1.f
Not using a facility	Not using the pool or the lift does not exempt you from the cost	art. 9.2
Previous owner’s debts	The property answers for the elapsed part of the year of purchase and the three preceding years	art. 9.1.e
Debt certificate	Required for the notarial deed and issued within seven calendar days; the buyer may waive it — and then the risk stays with the property	art. 9.1.e
Notifying a sale	A seller who does not notify the comunidad of the change of owner remains jointly liable with the buyer for debts arising after completion	art. 9.1.i

Hence one simple rule for the transaction: always ask for the debt certificate and never release the seller from providing it, however much they hurry you. Three years of someone else’s debts in a building with a pool and security is not a formality.

There are no official statistics on the size of fees in Spain: the only public study by the managers’ professional council dates from 2015. The spread is explained not by the market but by what the building contains: a block with no lift pays for cleaning and lighting, while a development with a pool, gardens and round-the-clock security also pays for staff, water and maintenance.

How a comunidad collects debts

Unpaid fees are claimed through the simplified court procedure (proceso monitorio) under article 21 of the Act and articles 812–818 of the Civil Procedure Act.
The claim is filed where the property is located, at the comunidad’s choice, which suits it rather than an owner abroad.
The court may order a precautionary attachment without the comunidad posting security.
Court costs and lawyers’ fees fall on the debtor.
The demand for payment is served at the address the owner previously gave the comunidad; failing that, at the flat itself, and then by publication (article 815.2 of the Civil Procedure Act).

Repairs, accessibility and building inspections

Compulsory works for the upkeep of the building and for accessibility cannot be blocked by one owner’s vote: some are carried out on request rather than by decision of the meeting (article 10). Glazing terraces and altering the façade need three fifths (article 17.4), while installing a charging point for an electric car on your own parking space needs only prior notice to the comunidad (article 17.5).

On the technical building inspection (ITE) there is a widespread misconception: there is no single national “every 50 years” rule in force — the Constitutional Court struck down the relevant provisions of the urban regeneration act (STC 143/2017). The obligation and its frequency are set by the region and the municipality, so the deadline has to be checked for your own town.

Catalonia: a different law and different numbers

Question	Spain (Act 49/1960)	Catalonia (fifth book of the Catalan Civil Code)
Previous owners’ debts	part of the year of purchase + 3 years	part of the year + 4 years
Reserve fund	at least 10% of the budget	at least 5%, in a separate account of the comunidad
Amending the statutes	unanimity	4/5 of owners and quotas
Building a pool	general rules of article 17	expressly 4/5
Increased cost share	up to +20% for tourist flats	up to double the share by quota
Silence of an absent owner	a yes after 30 calendar days	adherence after one month
Tourist letting	3/5 under article 17.12	through the statutes, so 4/5

If you are buying in Barcelona, on the Costa Brava or in the Catalan Pyrenees, article 17 of the Spanish act does not apply to your building. That is worth bearing in mind for property near the Catalan ski resorts too — see ski resorts in Spain.

What an owner who lives elsewhere should do

Give the secretary a Spanish address for notices in a way that proves receipt (article 9.1.h). The law asks specifically for an address in Spain.
Understand the price of silence. Without that address, notices are served at the flat itself — and service on the occupier is fully effective — and if even that is impossible, a notice on the board in the lobby is deemed served after three calendar days. Your 30 days to object run from then.
Set up a direct debit for the fees: debt costs you the vote and opens the way to enforcement with attachment and costs.
Keep a written proxy for meetings — for the manager, a neighbour or a lawyer, stating the limits of the mandate.
Follow the minutes: 30 calendar days to object, three months to challenge, one year if the decision breaches the law or the statutes.
On a sale, notify the change of owner at once, or you stay jointly liable with the buyer.
On a purchase, insist on the debt certificate and do not release the seller from providing it.

Remote ownership works better with a digital certificate and access to the government accounts: notices from the town hall and the tax agency arrive in the same places as your property files — see the digital certificate and sede electrónica in Spain. An owner’s taxes are covered in property taxes in Spain, and for a non-resident in non-resident taxes.

The three kinds of arras deposit, what you lose by walking away and what you can demand before paying are covered in the arras contract in Spain.

Frequently asked questions

Do I have to join the comunidad de propietarios?

Yes. It is a regime imposed by law on any building with several owners: taking part and paying fees by your quota is not optional. Nor can you opt out of the pool or the lift to avoid paying for them.

Does a new owner inherit the previous owner’s debts?

Yes, through the property itself: for the elapsed part of the year of purchase and the three preceding years, or four years in Catalonia. That is why buyers obtain the debt certificate, which the comunidad must issue within seven calendar days.

Can neighbours ban short-term letting?

Yes, by three fifths of owners and quotas. Since 3 April 2025 tourist letting requires the comunidad’s prior approval in any case. Those who were already operating with a regional licence may continue.

What happens if I do not attend the meeting?

The decision is taken without you, and once you receive the minutes your silence counts as a vote in favour after 30 calendar days. Objections must be in writing and within that period.

Do I need a notarised power of attorney for someone to vote for me?

No. A letter with your signature is enough. It is better to state which items the proxy may vote on and how, otherwise they decide themselves.

Must a comunidad hire a manager?

No. By default the president acts as secretary and manager, and a professional manager is hired by simple majority. A president, however, is compulsory and must be one of the owners.

How would a comunidad recover a debt from an owner abroad?

Through the simplified court procedure where the property is located, with possible attachment of assets without security and costs charged to the debtor. The demand goes to the address given to the comunidad, or failing that to the flat or by publication.

How much are comunidad fees?

There are no official statistics: the last public industry study dates from 2015. The amount depends on what the building maintains — lift, pool, gardens, security and a concierge make most of the difference — and the reserve fund must by law be at least 10% of the annual budget.