Community of Owners in Spain & Short-Term Rentals

Buy an apartment, a townhouse or a resort property in Spain and you automatically join a community of owners (comunidad de propietarios). It governs the shared parts of the building, sets the fees you pay, and — since a major 2025 reform — can limit or even prohibit short-term tourist letting. Understanding how it works is essential for every buyer, owner and would-be holiday-let investor.

At Platinum Legal Spain, our English-speaking lawyers review community statutes and accounts as part of every apartment and resort purchase. This guide explains the community of owners, your rights and costs, and the new voting rules on tourist rentals.

What is a community of owners?

Wherever a building or development has shared elements — entrance, roof, lifts, pool, gardens, parking — the owners form a comunidad de propietarios, governed by the Horizontal Property Law (Ley de Propiedad Horizontal, LPH). Each owner holds a cuota de participación (a percentage share) that determines their voting weight and their share of the costs.

The community is run through:

• The president (an owner, elected annually) who legally represents the community.
• The administrator (often a professional administrador de fincas) who handles the budget, accounts and day-to-day management.
• The annual general meeting (junta), where owners vote on budgets, works and rules.

Community fees and derramas

Owners pay regular community fees (cuotas) for the upkeep of shared areas and services, in proportion to their cuota. For larger or one-off works (a new lift, roof or facade), the community can approve a special levy (derrama).

Two points matter for buyers:

• Debts attach to the property. Unpaid community fees from the current and previous years can become the new owner’s problem, so a certificate of being up to date (certificado de estar al corriente) is essential at completion.
• A property in a community with a large planned derrama or an empty reserve fund can carry hidden costs. We check the minutes and accounts during due diligence.

How community voting works

Different decisions need different majorities under the LPH:

• Ordinary matters — a simple majority of those present.
• Certain works and services — a three-fifths (3/5) majority of owners and shares.
• Changing the statutes or the founding deed — generally unanimity.

Owners who are not up to date with their fees can be barred from voting, so paying on time protects your say in the community.

The 2025 reform: communities can restrict tourist lets

This is the change every investor needs to know. Following a reform of the Horizontal Property Law that took effect in 2025, a community of owners can now, by a three-fifths (3/5) majority, vote to limit, condition or prohibit tourist-letting activity within the building. In practice:

• Starting a new tourist let may require express approval from the community by that qualified majority.
• Communities can also approve increased fees for tourist-let flats to reflect the extra wear on shared areas.
• Activity already lawfully established before a restriction is generally treated more favourably, but the position depends on the wording of the resolution and the statutes.

The upshot: a regional tourist licence and a national NRA registration are not the whole story — you may also need your community’s consent. Always check the statutes and recent minutes before buying a property you intend to let to tourists.

Common community disputes

The issues we are most often asked to resolve include:

• Challenging or enforcing a derrama or budget.
• Recovering unpaid fees from a defaulting owner.
• Disputes over short-term lets, noise and nuisance.
• Unauthorised alterations to common elements.
• Challenging an unlawful or improperly adopted resolution (there are strict deadlines to contest a junta decision).

For the wider picture, see our guide to property disputes in Spain.

What buyers should check

• The statutes and any rules on lets, pets, alterations and use.
• The fees, the reserve fund and any planned derrama.
• Recent minutes for disputes or tourist-let restrictions.
• A debt-free certificate at completion.
• For investors: whether the community permits tourist letting at all.

How community decisions are challenged — and the deadlines

An owner who disagrees with a resolution passed at the junta can challenge it in court, but the windows are short:

• Resolutions that are contrary to the law or the statutes can generally be challenged within one year.
• Resolutions that are merely unfair, abusive or seriously damaging to an owner must usually be challenged within three months.
• To challenge, an owner normally has to be up to date with their fees (or have paid them into court).

Because the deadlines are tight and procedural, anyone unhappy with a community decision should take advice quickly rather than wait.

The reserve fund and the administrator

Every community must keep a reserve fund to cover maintenance and repairs — a legal minimum of a percentage of the annual budget. A healthy reserve fund is a good sign for a buyer; an empty one often means a derrama is coming. The administrator (administrador de fincas) prepares the budget and accounts, calls the meetings, and chases arrears, while the elected president represents the community legally.

Accessibility and obligatory works: who pays

Some works are compulsory and cannot simply be voted down. In particular, accessibility works (such as a ramp or lift) requested by an owner who is over 70 or has a disability must be carried out where the cost does not exceed a set number of months’ community fees. Owners share the cost in proportion to their participation quota, so it pays to understand these rules before a major works vote.

Buying into a community: the deeper checklist

Before completing on any flat, townhouse or resort property we obtain and read:

• The statutes and internal rules — including any limits on lets, pets, alterations or use.
• The last few sets of minutes — for disputes, planned works and tourist-let restrictions.
• The budget and reserve fund, plus any approved or looming derrama.
• A debt-free certificate confirming the seller is up to date.

This is a core part of our due diligence on every community property.

Frequently Asked Questions

What is a community of owners in Spain?

It is the legal body (comunidad de propietarios) formed by all owners in a building or development with shared elements, governed by the Horizontal Property Law. It manages the common areas, sets the fees and makes decisions by vote.

Can a community of owners ban tourist rentals?

Yes. Since the 2025 reform of the Horizontal Property Law, a community can limit, condition or prohibit tourist-letting activity by a three-fifths majority, and can set higher fees for tourist-let flats.

What is a derrama?

A special levy approved by the community to fund larger or one-off works, such as a new lift, roof or facade, charged to owners in proportion to their participation share.

Am I liable for the previous owner’s unpaid community fees?

The property can be liable for unpaid fees from the current and previous years, which is why a certificate confirming the seller is up to date is essential at completion.

Do I need community approval to run a holiday let?

You may. In addition to a regional tourist licence and the national NRA, the community can require express approval and can restrict or prohibit tourist activity, so always check the statutes and recent minutes before buying to let.

Can I be stopped from voting at the community meeting?

Yes — owners who are not up to date with their community fees can be barred from voting, so it pays to keep your account current.

How do I challenge a community of owners decision?

By court action, generally within one year for resolutions contrary to the law or statutes, or three months for unfair or seriously damaging ones. You usually need to be up to date with your fees to challenge.

Is there a minimum reserve fund for a community?

Yes. Communities must keep a reserve fund set at a legal minimum percentage of the annual budget to cover maintenance and repairs. A low reserve fund often signals a future special levy.

Can the community make me pay for a lift or ramp?

Accessibility works requested by an owner over 70 or with a disability are obligatory where the cost is within a set number of months’ fees, and all owners share the cost by participation quota.

Who can be president of the community of owners?

The president must be an owner, elected by the community (often annually, sometimes by rotation or lot). They represent the community legally, supported by the administrator who handles day-to-day management.