In this article
When you buy an apartment, a townhouse in a complex or a villa in a gated development in Spain, you automatically become a member of the community of owners (*comunidad de propietarios*). The community manages shared areas and services, and its decisions and finances affect every owner. Checking it before buying is an essential part of legal due diligence.
How communities of owners work
Communities are governed by the Horizontal Property Act (*Ley de Propiedad Horizontal*) and by their own statutes and internal rules. Each owner has a share (*cuota*) that determines their contribution to expenses and their voting weight. Decisions are taken at general meetings, and an administrator usually manages day-to-day matters.
What to check before buying
1. Monthly fees
Find out the current community fee and what it covers: cleaning, gardening, pool, security, lifts, insurance. High fees are not necessarily bad, but they must fit your budget.
2. Outstanding debts
Under Spanish law, the property is liable for community debts from the current year and the three previous years. The seller must provide a certificate signed by the administrator confirming the debt position. Without it, the notary may not authorise the sale unless the buyer expressly waives it, which you should never do.
3. Planned or approved works
Read the minutes of the last general meetings. Look for:
- Approved extraordinary payments (*derramas*) for facades, roofs, lifts or pools.
- Pending technical inspections of the building.
- Disputes with the developer or with neighbours.
The contract should specify that works approved before completion are paid by the seller.
4. Statutes and internal rules
Statutes may regulate or prohibit:
- Holiday rentals.
- Pets.
- Changes to facades, terraces or windows.
- Use of common areas.
Communities can restrict tourist rentals by a qualified majority, so your plans must be compatible with current rules and with any proposals under discussion.
5. Legal situation of common elements
Check that shared facilities such as the pool, parking or gardens are legally part of the community and properly licensed, and that the property’s parking space or storage room is registered.
6. Insurance and reserve fund
Communities must maintain a reserve fund and should insure the building. Ask for the policy and the latest accounts.
7. Court cases
Lawsuits in which the community is involved can lead to additional costs for all owners.
Our conveyancing services include a full review of the community documents and a direct request to the administrator.
Particularities in the Balearic Islands
In tourist areas of Mallorca and Ibiza, many developments were built for holiday use and later sold to individual owners. Some have complex rules about rental pools or hotel operators. In Ibiza, where apartments near the coast are in high demand, community restrictions on holiday rentals are increasingly common. If you are buying on that island, our Ibiza lawyers can advise on local practice.
Villas in gated developments
Community rules are not only relevant for apartments. Many villas in Mallorca and Ibiza are part of an urbanisation with shared roads, security, gardens or a private beach club. These «complex communities» can have significant annual budgets and strict rules on building works, noise or rentals. Ask for the same documents as for an apartment before signing.
Frequently asked questions
Who pays a derrama approved before the sale?
It depends on the contract. The usual approach is that the seller pays works approved before completion, but it must be stated clearly.
Can I attend community meetings as a non-resident?
Yes, in person, by proxy, or remotely if the community allows it.
What if the community rules forbid holiday rental?
You would not be able to rent to tourists, even with a licence. Check this before buying.
Conclusion
A community of owners can make life easy or complicated. Understanding its finances, planned works and rules before signing protects you from unexpected payments and restrictions. Castell.law reviews community documents for every apartment purchase we handle.
