Community of owners

The Community of Owners in Spain

The community of owners is a legal entity made up the total of one building owners, and are governed by the laws and by-rules agreed by them. While it is not a separate legal entity, it retains many of its features, which makes it a hybrid figure, able to perform certain legal transactions.

The purpose of a Community of Owners is to decide on matters pertaining 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), except in Catalonia, where the law applicable is the Civil Code of Catalonia. These laws regulate the use of common areas and services of the property.

In addition to these laws, the statutes of the Community of Owners, drawn up by their own community, regulate the usual situations that could come across in the relationships between neighbors. In many cases serve to establish criteria in conflict of interest among them.

Basic rules and principles relevant to owners into a Spanish Community of owners

• The owners of a building are required to represent their community as presidents or secretaries. Communities can establish criteria by the statutes of the community (by location, age, shift) to regulate the rotation of offices.

• Every owner should contribute to the expenses of the community according to its rate of participation fixed in the building division deeds. Both the statutes of the homeowners as a unanimous agreement of all the members thereof, may establish a different form of contributions for certain expenses.

• The general assembly shall meet at least once a year to approve budgets and accounts, address issues affecting the community and renew the representatives.
  It shall also meet at such other times as deemed appropriate by the President or upon the request of a quarter of the owners, or a number of them representing at least 25 per 100 of the participation quotas.

Community of owners fees

The buyer of a resale home must assume the debts of the current year and prior that belonged to the former owner (this is useful for the buyer to inquire about the status of the debts of the seller with the community). However, the seller must provide at the time of the transfer certificate of debt with the community, unless they were expressly exempted from this obligation by the acquirer.