Community of owners in Spain, Frequently asked questions

 Spanish community of ownersThe rights and duties of the owners in a community in Spain is regulated by Spanish Law 49/1960 of 21 July, reviewed and in force since 28th June  2013.

We include in this article usual questions related to Community of Owners in Spain.

Can I carry out works on my property?

Article 7 of the aforementioned Law states that the owner of each apartment or premises can modify architectural elements, facilities or services of the building when not impairing or alter the safety of the building, its overall structure, its configuration or external appearance, or prejudice the rights of other owners, and must previously give information of such works to the one who represents the community.

Do I have to pay the debt of the previous owner?

By virtue of article 9, it is the obligation of each owner to contribute, in accordance with the quota of participation set in the title or that especially established, to general expenses for the proper maintenance of the property.

The right to claim by the Community the pending fees for the current year and the three preceding years, has got a preferential status.  This means that the buyer of a home must pay amounts due to the community by previous owners up to the limit of which are attributable to the annuity in which the acquisition takes place, and the three previous calendar years, being the property subject to the payment.

Who appoints the President of the Community of owners in Spain?

On Board of Owners the President shall be appointed, among the owners, through choice or, subsidiary, by rotating or draw. Unless the Community By Laws provide otherwise, the appointment shall be for a period of one year.

Can I appoint a representative to attend the Spanish Community meeting in my name?

In the case that you can not attend, you may appoint a legal or volunteer representative, being sufficient for this purpose a writing signed by the owner authorizing the attendance and representation on the Board.

Can I vote if I am not up to date in the payment with the Community?

If you have a debt of community fees and you have not judicially contested them, or proceeded to the judicial or notarial deposit of the amount owed, you may participate in the deliberations of the Board, but you  will not have the right to vote.

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Do not hesitate to contact one of the lawyers of our law firm in Marbella, Málaga, Spain!

  • Wim Lamers
  • Lawyer in Spain, Lawyers in Marbella, Property Lawyer in Marbella, Spanish law firm,

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