Comunidad de propietarios: what it is and what the fees cover

What is a comunidad de propietarios?

A comunidad de propietarios is the organisation of the owners of a building in which each unit is held in sole ownership and the common parts are jointly owned. This is how the régimen de propiedad horizontal works (article 553-1) [1]. It is created by a título de constitución in an escritura pública, which is entered in the Registro de la Propiedad (article 553-9) [1]. The common parts include the plot, façades, roofs, staircases, lifts, entrance halls, swimming pools, gardens and shared building services (article 553-41) [1]. Catalonia has its own law: Book Five of the Código civil de Cataluña, not the national Ley de Propiedad Horizontal that Russian-language articles often summarise. The deadlines and percentages in this article are taken from the Catalan text.

What payments does the comunidad include?

Owners pay common expenses in proportion to their cuota de participación, unless the bylaws or resolutions of the junta provide otherwise (article 553-45) [1]. Not using the lift or the pool does not exempt you from paying, unless the bylaws say otherwise. The bylaws may set special shares for staircases, pools and gardens [1]. If a unit is used for business or professional activity, its share of expenses may be increased, but by no more than double [1].

The fondo de reserva belongs to all the owners. It is kept in a separate account, and you cannot get your share back when you sell the flat. It can be used for urgent unforeseen expenses with the president’s authorisation, or for major repairs with the junta’s authorisation [1].

Who makes decisions in the comunidad?

The highest body is the junta de propietarios, made up of all the owners (article 553-19) [1]. It must hold an ordinary meeting once a year to approve the accounts and the budget and to elect officers (article 553-20). The president calls and chairs the meeting and represents the comunidad; the administrador handles day-to-day business and prepares the budget and accounts (articles 553-16 and 553-18) [1]. Notice must arrive at least 8 calendar days in advance at the address you have given the secretary. The agenda includes the list of owners in arrears (article 553-21) [1].

Most decisions are taken by a simple majority of votes and shares. Amending the bylaws requires four fifths, and changing the shares requires unanimity (article 553-26) [1]. An owner in debt to the comunidad may not vote unless they have deposited the amount with the court or a notary, or have challenged the debt in court (article 553-24) [1]. The minutes must be written at least in Catalan (article 553-27) [1].

An absent owner may object in writing within one month of receiving notice of the resolution; otherwise, for certain resolutions, their position may be treated as consent (articles 553-25 and 553-26) [1]. You can challenge a resolution in court if you are up to date with payments: the time limit is one year, or three months from receiving the minutes where the resolution harms the interests of the comunidad (article 553-31) [1].

Which comunidad debts is the new owner liable for?

The flat is security for debts to the comunidad for the current year and the four previous ones, including debts left by previous owners (article 553-5) [1]. The seller must declare that there are no debts, or list them, and hand over a certificado from the secretary showing the debts and any approved payments not yet due. Without this certificate the escritura is not signed unless the parties expressly waive it [1]. The notary checks whether comunidad fees and any derramas approved for the future have been paid [2]. On the notary’s role: escritura pública and the notary; on the land registry extract: nota simple.

What if a neighbour does not pay?

The comunidad can recover unpaid contributions, derramas and fondo de reserva payments through a special proceso monitorio for comunidades de propietarios. A certificado from the secretary countersigned by the president is enough: it states the debt, its amount, confirmation that the debt matches the accounts in the libro de actas, and the demand for payment (article 553-47) [1]. Interest accrues on the debt (article 553-4) [1].

What depends on the case?

The specific payments, shares and restrictions are set out in your building’s título de constitución and estatutos. The bylaws may, for example, restrict the activities allowed in the units (article 553-11), so it is worth reading them before you buy [1]. We do not know how a particular building works, so before the transaction ask the administrator for the bylaws, the latest budget, the minutes and the certificado of debts. For general questions about buying, see buying property as a non-resident; help with the transaction documents: documents and support.

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ReloVictory · Sources reviewed 02.10.2026 · Not a substitute for individual legal advice.