Community properties in Spain are ones that share common areas or elements with other property owners. Community properties can include all manner of dwellings, such as apartments, villas or townhouses, but have a facility or area that is shared and communal.
In Spain, many homes are community properties apart from those that are completely detached and are on a private plot of land. This means community properties could share anything from a golf course and swimming pool to a hallway, lift, stairwell or garden. This means that when you buy a community property, you become part of a Community of Property Owners.
Being part of the Community of Property Owners means you will not only be responsible for your individual areas, but you are also responsible for maintaining the common areas too. Usually, this is by paying for the expenses of the upkeep on a pro-rata basis. Different community properties will vary their terms, payments and costs so it is essential to know what to look for when buying a community property.
What are the Positives of Owning a Community Property?
There are many advantages of owning a community property which include;
What are the negatives of owning a community property?
Structure of the Community of Owners and Management
Typically, a Community of Property Owners will use two methods of management for the community. Firstly, a community will designate a member of the community for specific roles. There could be an election of a president and a vice president, for large communities there may be a need for a treasurer and a secretary too. For every community, it must be registered with the Gobernador Civil, with Spanish documents submitted.
Alternatively, communities may refer the daily running to an estate management business who can take control of calculating costs and ensuring every member pays their required fee. This will usually mean an added charge payable to the estate management company too, but they are controlled and regulated by a professional body for peace of mind.
Understanding Community Fees
Every member of the community will be responsible for paying their share for the maintenance and upkeep of the communal areas. Usually, the cost will be based on the owner's share, and this is typically the size of the property that they own. You can find the percentage that you would have to pay in the property deed. The portion will also account for the sway and rights of voting in community meetings.
The fees can be incredibly varied and can cover a lot of aspects such as the use of a caretaker, cleaner, gardener, road cleaning, decoration maintenance, insurance, water supply, pool cleaning and satellite TV. The costs can also vary based on the quality of service you receive, high fees may still mean a good deal if you can see the quality and that you get what you pay for. Some people will pay for the privilege of their community being well-run, maintained and managed.
Non-Payment of Community Fees
Sadly, many communities have suffered from debt problems as members do not pay their fees. This means that the area declines with management unable to pay for maintenance costs. With this in mind, a new Community Law was set up to help to remove property owners who don't pay their fees.
Once a demand is issued but the president of the Community of Property Owners, the legal proceedings means that it can be taken to court. Once a case is submitted to a judge, they will ask the debtor to pay the amount within a set period, usually 20 days. If the debtor doesn't pay, then an embargo is placed on the property, and the property can be sold at auction if the debt remains unpaid.
With this in mind, if you plan to have a property in Spain which you won't be at regularly, then you need to make sure you have a system in place to pay the community fees, so you don't face a legal battle because of unpaid fees.
Learn more about community fees in Spain
Essential Checks to Make When Purchasing a Community Property
Before buying a community property some key considerations to check include;
By considering these points, you can help to find the right property for your needs and whether a community property is right for you.
Updated: January 22, 2024 CET