Practical legal guide · Spain
Community of owners in Spain (comunidad): dispute over fees or a decision
If you own a flat or house in a Spanish building or residential complex, you are a member of the community of owners (comunidad de propietarios). Disputes are frequent: the community claims fees you consider wrong, a special levy was approved, or a decision of the owners' meeting harms you. Spanish law lets the community claim unpaid fees in a special court procedure and lets owners challenge unlawful decisions in court.
Describe your caseUpdated and verified:
Short answer
- Check of the fee calculation
- Challenge of a decision (impugnación)
- Defence against a fee claim
Unpaid community fees can be claimed in a special court procedure, and decisions of the owners' meeting can be challenged in court. Below we explain what is at stake and what a lawyer in Spain does.
Describe your caseQuick answers
- Can I stop paying community fees if I disagree?
- Not paying exposes you to a court claim. A lawyer checks whether the fee is justified and how to challenge it.
- Can I challenge a decision of the owners' meeting?
- Yes, decisions contrary to the law or the statutes, or seriously harmful to an owner, can be challenged in court within the legal time limits.
- I live abroad and missed the meeting. What can I do?
- A lawyer checks whether you were properly notified and whether the decision can still be challenged.
When this situation arises
- The community claims fees you think are wrongly calculated
- A large special levy (derrama) was approved for works
- A decision of the owners' meeting harms you or was taken without you
- You live abroad and did not receive notice of the meeting
What options do you have
Clarify the calculation
A lawyer checks the statutes, your share and the minutes of the meeting.
Challenge the decision
An unlawful or seriously harmful decision can be challenged in court (impugnación de acuerdos).
Defence against a claim
If the community sues for fees, the lawyer checks whether the claim is justified and defends you.
Recommended step-by-step process
- 1.
Statutes and share
The lawyer checks the community's statutes and your participation share.
- 2.
Minutes and notice
The lawyer checks the minutes and whether you were properly notified, which matters for owners living abroad.
- 3.
Grounds
The lawyer checks whether the decision is unlawful, contrary to the statutes or seriously harmful.
- 4.
Options
The lawyer advises whether to pay, negotiate or challenge, and represents you in court.
What documents to prepare
- Title deed
- Community statutes
- Minutes of the owners' meetings
- Fee statements and payment receipts
- Notices received from the community or administrator
Common mistakes
- Simply stopping payment of fees in protest
- Ignoring the minutes because you live abroad
- Waiting too long to challenge a decision
- Not keeping your address up to date with the administrator
Risks and important deadlines
Claim against the owner
Unpaid fees can be claimed in court and enforced against the property.
Time to challenge
Decisions can only be challenged within limited periods set by law; a lawyer checks them for your case.
Debts follow the property
On a sale, the buyer answers for the seller's unpaid fees within the legal limits, which affects your sale.
When it's worth contacting a lawyer
Contact a lawyer in Spain when you receive a fee claim you consider wrong, when a decision of the owners' meeting harms you, or when you did not receive notice of a meeting. A Spanish lawyer checks the statutes and minutes, the time limits for a challenge and defends you against a claim. LawBridge is a lawyer search engine: you choose the lawyer yourself and send them a request. A lawyer's work is always paid.
Describe your caseFrequently asked questions
What happens to unpaid fees when I sell?
The seller must declare outstanding fees in the deed, and the buyer answers with the property for fees of the current year and the three previous years.
Verified sources
- Ley 49/1960 de Propiedad Horizontal, art. 9.1.e – gastos comunes y deudas del vendedor con la comunidad — Agencia Estatal Boletín Oficial del Estado (BOE)
- Ley 49/1960 de Propiedad Horizontal, art. 21 – impago de gastos comunes y reclamación judicial — Agencia Estatal Boletín Oficial del Estado (BOE)
- Ley 49/1960 de Propiedad Horizontal, art. 18 – impugnación de acuerdos de la junta — Agencia Estatal Boletín Oficial del Estado (BOE)
- Ley 1/2000 de Enjuiciamiento Civil, art. 812 – proceso monitorio para deudas de cualquier importe — Agencia Estatal Boletín Oficial del Estado (BOE)