Community of Owners

When acquiring a property in Spain you will most probably also acquire a percentage of the elements in the building that are common to all owners (gardens, swimming pools communal grounds and elements).

In order to regulate this situation a Community of Owners is formed. The purpose of a Community of Owners is to decide on matters belonging to the building, common to all owners. The Community of Owners in Spain is largely governed by the Community of Owners Act (Ley de Propiedad Horizontal).

The contribution to the maintenance of these communal elements will be in accordance with your quota (percentage established in your deed).

The law largely rules the rights and obligations of the owners and also how it is governed.

Apart from the law most communities will have By- Laws which need to be carefully considered when acquiring a property as they might set limitations e.g. pets etc.

It is also important to know if the seller is up to date in their payments (as they charge the property for the three previous years) and the financial situation of the Community in order to avoid surprises.