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Owning a Community Property in Spain – Some FAQs

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Unless you’re buying a detached villa in a town or a country property on an individual plot in the country, your Spanish property will form part of a community.

This blog post answers some of the questions asked by my clients about owning a community property.

What is a community property?

Any property that shares common elements with other properties, e.g. gardens, swimming pool, tennis court, the entrance hall and lift in an apartment block, etc.

Do I own these common elements?

Yes, as an owner of one of the community properties you automatically own a share of the shared facilities. Your share (and how much you pay) is calculated from the size of your property.

What are community fees?

The amount each owner must pay towards the upkeep and improvement of the common elements. How much you pay depends on the size of your property (the larger the property, the more you pay) and the extent of the facilities (the more there are, the higher the fees). Fees are paid in installments, e.g. monthly, quarterly or every six months.

Who decides how much owners pay?

The exact amount is calculated based on the community’s annual expenses and determined at the annual general meeting.

Can the fees change?

Yes, if a majority of owners decide to modify fees at the annual general meeting. Extra fees can also be charged for improvements such as installing a larger lift; essential maintenance like  painting the façade; or legal requirements, e.g. putting up a fence around a pool.

Does a community have rules?

Yes, there are usually some rules and these are set out in the community’s statutes. They include things like timetables for using the pool, noise regulations, whether letting/ pets/ covering terraces is allowed, etc.

How can I find out about the community fees?

During the buying process, your lawyer will find out if there are any community fee debts on the property and obtain information about fees.

For further information about buying a property in Spain that is part of a community, contact Andalusian Lawyers for friendly and independent advice.

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