Community of Owners Disputes in Spain: Your Rights as a Foreign Property Owner
Owning property in a Spanish community of owners (Comunidad de Propietarios) comes with rights and obligations. When disputes arise over fees, building works, noise, or unfair decisions, knowing your legal position is essential.
Quick Answer
Every property owner in a Spanish community of owners has the right to attend and vote at meetings, challenge decisions they believe are illegal or unfair, and access the community accounts. Common disputes involve unpaid community fees, unauthorised building works, noise complaints, and disagreements over special levies (derramas). The law governing communities is the Ley de Propiedad Horizontal (LPH). If you cannot resolve a dispute through the community, you may need to take legal action in court.
Resolving community disputes on the Costa Blanca since 1993
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What Is a Community of Owners?
A Comunidad de Propietarios is the legal entity that manages the common areas and shared elements of a building or urbanisation. If you own an apartment, townhouse, or villa within a development that has shared elements (pools, gardens, parking, lifts, stairways), you are automatically a member of the community. Membership is not optional — it comes with the property.
The community is governed by the Ley de Propiedad Horizontal (LPH), the community statutes (if they exist), and the internal rules approved at the Annual General Meeting (Junta de Propietarios).
Most Common Community Disputes
Unpaid Community Fees
This is the most frequent problem. When owners do not pay their community fees, the community has less money for maintenance, and the burden falls on paying owners. The community can take legal action against non-paying owners through a fast-track court procedure (proceso monitorio) that does not require a lawyer for claims under a certain amount. The debt can also be registered against the property, meaning it transfers to any new buyer.
Unauthorised Building Works
Owners who carry out structural changes, enclose terraces, install air conditioning units on facades, or alter common elements without community approval are breaking the law. The community can demand the works be reversed and can take legal action if the owner refuses. Even internal works that affect the building structure require community consent.
Noise and Nuisance
Noise from neighbours, short-term holiday rentals, or commercial premises within the building is a growing source of conflict, especially on the Costa Blanca where tourist apartments are common. The community can take action against owners whose properties are used in ways that cause persistent nuisance, and in extreme cases, can seek a court order to prohibit the activity.
Special Levies (Derramas)
When the community needs to carry out major repairs (roof, lift, facade, swimming pool), a special levy or derrama is often required. These can be substantial amounts — sometimes thousands of euros per owner. Disputes arise when owners disagree about the necessity of the works, the amount, or how it should be distributed. The rules on derramas and the required voting majorities are set out in the LPH.
Abuse by the President or Administrator
Some communities suffer from presidents or administrators who make decisions without proper consultation, refuse to call meetings, block access to accounts, or award contracts to their own companies. All of these are potentially illegal and can be challenged in court.
Your Rights as a Property Owner
| Right | What It Means |
|---|---|
| Attend meetings | You can attend all ordinary and extraordinary meetings, either in person or by proxy |
| Vote | Each owner has voting rights proportional to their participation quota (cuota de participacion) |
| Challenge decisions | You can challenge community decisions in court within 3 months if they are illegal, harmful, or prejudicial |
| Access accounts | You have the right to inspect the community accounts and financial records |
| Request meetings | Owners representing at least 25% of quotas can request an extraordinary meeting |
| Propose agenda items | You can request that specific matters be included on the meeting agenda |
The 3-Month Rule: Challenging Community Decisions
If the community makes a decision that you believe is illegal or seriously prejudicial to your interests, you have 3 months from the date you were notified of the decision to challenge it in court. This deadline is strict — if you miss it, you lose your right to challenge. Absent owners who were not at the meeting have 3 months from the date they were notified of the minutes.
Common grounds for challenging a decision include: the meeting was not properly convened, the required voting majority was not achieved, the decision violates the LPH or community statutes, or the decision is abusive or discriminatory.
Tips for Foreign Property Owners
Always attend meetings or send a representative. If you cannot attend in person, grant a written proxy to someone you trust. Decisions made in your absence are still binding.
Read the minutes carefully. Minutes should be sent to all owners. If you receive them in Spanish and do not understand them, have them translated or ask your lawyer to review them.
Pay your community fees on time. Even if you disagree with a decision, you must continue paying your fees. Non-payment can result in legal action against you and surcharges.
Get legal advice before buying. Ask your lawyer to review the community minutes and accounts before you purchase a property. This can reveal ongoing disputes, planned special levies, or financial problems.
Areas We Serve
We handle community of owners disputes across the Costa Blanca, including Javea (Xabia), Moraira, Denia, Altea, and the wider Valencian Community. We attend community meetings and court hearings throughout the Alicante province.
Frequently Asked Questions
Can I refuse to pay a special levy (derrama) I disagree with?
No. If the derrama was approved with the required voting majority at a properly convened meeting, it is legally binding on all owners. You can challenge the decision in court within 3 months, but you must still pay while the challenge is pending.
Can the community ban short-term holiday rentals?
Since a 2019 reform, the community can restrict or ban tourist rentals with a vote of three-fifths (60%) of owners and quotas. However, this only applies to future rentals and may not affect owners who already have a tourist licence.
What happens if I do not attend community meetings?
Decisions made at properly convened meetings are binding on all owners, whether they attended or not. Absent owners are notified of the decisions and have 30 days to express disagreement with certain resolutions. If you do not attend or send a proxy, you lose your ability to influence decisions.
Can the community president make decisions without a meeting?
The president can take urgent decisions to prevent imminent damage to the building, but all other decisions must be taken at a properly convened meeting with the required quorum and voting majority. A president who acts unilaterally can be challenged in court.
How do I change the community administrator if they are doing a bad job?
The administrator can be removed and replaced by a simple majority vote at any ordinary or extraordinary general meeting. If the president refuses to include this on the agenda, owners representing 25% of quotas can request an extraordinary meeting specifically for this purpose.
Problems with Your Community of Owners? We Can Help
Contact our experienced property lawyers for advice on your community dispute.
Call us965 792 946 | 607 320 768
