In short
Owners of flats in a Spanish building share its common costs through a comunidad de propietarios (community of owners), under the national Ley de Propiedad Horizontal (LPH, Act 49/1960). Each flat has a cuota de participación (share) expressed in hundredths of the building’s value, and that share is the yardstick for charges. The community must hold a reserve fund of at least 10% of its last ordinary budget. Most decisions need a majority of owners who also hold a majority of shares; some need three fifths or unanimity.
Your share (cuota de participación)
Article 3 LPH gives each flat or premises “una cuota de participación con relación al total del valor del inmueble y referida a centésimas del mismo”. The share “servirá de módulo para determinar la participación en las cargas y beneficios por razón de la comunidad”. Improvements or damage to one flat do not alter its share. It can be changed only as the Act allows in arts. 10 and 17.
Article 9.1.e obliges each owner to contribute to the general expenses for the upkeep of the building, its services, charges and liabilities that cannot be allocated individually, “con arreglo a la cuota de participación fijada en el título o a lo especialmente establecido”. The title (the deed that sets up the horizontal property) fixes the share, and the statutes can set special rules.
The buyer’s exposure for earlier debts is covered in the guide on the community debt certificate.
The reserve fund
Article 9.1.f creates the fondo de reserva. Owners contribute to it according to their share to cover conservation, repair and rehabilitation works, accessibility works and the energy-efficiency works in art. 17.2. The Act says the fund belongs to the community and “estará dotado con una cantidad que en ningún caso podrá ser inferior al 10 por ciento de su último presupuesto ordinario”. The wording dates from 16 June 2022. The community may use the fund to take out an insurance contract covering damage to the building, or a permanent maintenance contract.
The general meeting
The Junta de propietarios (meeting of owners) approves the plan of expected expenses and income and the accounts, the budgets and execution of all repair works, ordinary or extraordinary, and the statutes and house rules (art. 14). It must meet at least once a year to approve budgets and accounts, and at other times when the president thinks fit or a quarter of the owners, or owners holding at least 25% of the shares, ask (art. 16.1). The notice for the annual meeting must be given at least six days beforehand (art. 16.3).
Owners who are not up to date with all overdue debts when the meeting starts, and who have not challenged them in court or deposited the sum, may speak but cannot vote, and their shares are not counted for the required majorities (art. 15.2). To challenge a decision in court, an owner must be up to date with debts or deposit them, with an exception for challenging decisions that set or alter owners’ shares of the expenses (art. 18.2). The action expires after three months, or one year if the decision breaches the law or the statutes (art. 18.3).
Majorities (article 17)
The Act sets the votes needed. Where a rule says “majority of the owners and of the shares”, both counts must be met.
| Decision | Vote needed |
|---|---|
| Lifts and removing barriers for disabled people | Majority of owners who also hold a majority of shares (art. 17.2) |
| Works improving certified energy efficiency, common renewable energy, applying for aid or loans | Simple majority of owners and shares, if the annual cost after aid and financing does not exceed twelve ordinary monthly charges (art. 17.2) |
| Concierge, surveillance, other common services; letting common elements; installing or removing energy or water-saving systems | Three fifths of owners holding three fifths of shares (art. 17.3) |
| Improvements not needed for conservation, habitability, safety or accessibility; changes to structure; new floors; closing terraces | Three fifths (art. 17.4) |
| Telecoms or renewable-energy installations, at the request of any owner | One third of owners holding one third of shares (art. 17.1) |
| Approving or changing the constitutive title or statutes, where no other rule applies | Unanimity (art. 17.6) |
| All other decisions | Majority of owners and of shares; in a second call, a majority of those present who hold more than half of the present shares (art. 17.7) |
An owner who disagrees with an innovation voted by three fifths whose installation cost exceeds three ordinary monthly charges is not obliged to pay and keeps their share unchanged (art. 17.4). An absent owner, properly notified, counts as voting in favour if they do not object in writing within 30 calendar days (art. 17.8). Decisions validly adopted bind all owners (art. 17.9).
Holiday lets: art. 17.12, amended with effect from 3 April 2025 by Organic Act 1/2025, requires three fifths of the owners holding three fifths of the shares to approve, limit, condition or prohibit tourist-let activity, or to set special charges for that flat, provided the increase is not more than 20%, and without retroactive effect. Regional tourism rules are separate and were not read here.
Extraordinary levies (derramas)
A derrama is a levy to pay for works or other costs not in the ordinary budget. The Act reads:
- Works that are mandatory under art. 10.1(a) to (d), such as work needed for the upkeep of the building and its common services, including safety, habitability and universal accessibility, are paid by the owners, and the meeting’s role is limited to “la distribución de la derrama pertinente y a la determinación de los términos de su abono” (art. 10.2).
- Levies for improvements made or to be made fall on whoever is the owner when the sums fall due (art. 17.11). This matters on a sale: ask what has been voted and when instalments fall due.
- Art. 17.2 sets a cap for certain energy and accessibility works, expressed in twelve ordinary monthly charges per year.
If an owner fails to pay, the community may agree deterrent measures, such as interest above the legal rate or temporary loss of use of services, if not abusive or affecting habitability, and not retroactive (art. 21.1). It may also claim through the special payment-order procedure (art. 21.2).
What the seller must state
In the deed of sale, the seller “deberá declarar hallarse al corriente en el pago de los gastos generales de la comunidad de propietarios o expresar los que adeude” and must supply a certificate of the debt position (art. 9.1.e), issued within seven calendar days of the request. The buyer is liable for the current year plus three previous calendar years. The full mechanism is in the guide on the debt certificate.
What it costs
The Act does not state an amount of community fee: the charge follows the budget the meeting approves and your share. No average figure was read for this guide. Ask the administrator for the last approved budget, the reserve fund balance and any levy already voted. Use the purchase costs calculator for the other costs of buying.
Which professional to consult
The community’s secretary or administrator holds the minutes and accounts. A lawyer registered with a Spanish bar association (colegio de abogados) can read the statutes and the minutes of the last meetings and explain what a vote means. See the page on the property lawyer.
Frequently asked questions
Is the reserve fund compulsory?
Yes. Art. 9.1.f requires a fund of at least 10% of the last ordinary budget.
How are fees split between flats?
By the share (cuota de participación) set in the title, or by what the statutes specially provide (arts. 3 and 9.1.e).
Who pays a levy voted before I buy?
For improvements, art. 17.11 says the owner at the time the sums fall due. Check the dates in the minutes.
What majority approves a lift?
A majority of owners who also hold a majority of shares (art. 17.2).
Do community rules differ by region?
The LPH is national. Regional rules on tourist lets and other matters exist; they were not read for this guide.
More guides on owning
Sources
- Ley 49/1960 sobre propiedad horizontal (BOE consolidated text, last update 03/10/2026) (consulted 15 October 2026)