The ownership  of an apartment or a bungalow is subject to the Law of Horizontal Property. In accordance with this law, every owner has the co ownership of the common elements of the building (stairs, lifts, façades, swimming pool, cleaning services, drains, supply of water, electric wires etc.), jointly with the other owners of apartments or bungalows of the block, through the Community of Property Owners, for the maintenance of  those common parts of the building. Each owner contributes to the community expenses proportionately to the size of his dwelling. Therefore the owner of a large apartment has a larger quota, which determines his community charges and voting rights.

The Property Registry provides the physical description of each apartment and the building that is attached to, including the respective quota, and the Bylaws of the Owners Community, which regulates the use of the common facilities,   management and maintenance.

New owners are bound automatically by the Bylaws and the decisions taken at previous meetings, and when purchasing must obtain from the Secretary of the Community a certificate stating that the conveyor is up to date in the community  payments, otherwise the unpaid community bills will be charged to the new owner.

Bylaws and internal rules

The Bylaws are a set of rules which governs the property owners rights and obligations and ascertain the quota which corresponds to each owner. The Bylaws of the community may only be modified unanimously.

In addition to the Bylaws, the owners may establish internal rules, providing principles of conduct and use of the common services. The owners are also obliged to comply with these rules, which may be modified by simple majority.

Repairs and Activities

A dwelling owner can make repairs in his own apartment or bungalow,  If the building general structure and façade is not modified, gives previous notice to the Community owners and avoids causing any damage to the other community owners.

The Community of property owners shall make necessary repairs to keep the building in a fit and habitable condition. When repairs are needed in the common areas, this shall be reported to the administrator.

Neither the property owner, nor the persons who reside temporarily or permanently in the apartment, are allowed to perform any activity that may damage the block or that are contrary to the Bylaws or internal rules. Otherwise, the President shall request him to stop it and , if necessary, file a lawsuit against him, previous approval and agreement of the community owners.

The basic obligations of the owners are  to authorise, if  necessary, works in the apartment  for the installation of new services or the maintenance of the building, to respect the common areas and installations of the complex, maintain their apartment or bungalow in suitable conditions and to contribute according to his respective quota to the maintaining costs of the block.

The secretary of the community must be informed about the address of the each owner in Spain, in order to send him those notifications relating the community owners, and of the sale of the property.

The basic rights of the owners are to check the documentation and records of the community, to attend the annual general meeting as well as any extraordinary meetings of the community, to be informed in advance of the dates and the agenda of any meeting,  and, at the meeting, to state his opinion, to vote and to present motions to be voted. Finally, any owner may be elected president,  vice-president or secretary of the community.

Annual General Meeting

The owners community meets at least once a year to elect the President and the Administrator, to recommend and approve the financial plan for the next year, and to talk about any other issue, such as the control of the financial statement of the preceding year, to modify the Bylaws of the Community or  the internal rules,  to discuss other relevant questions for the betterment of the community, and so on.

The President notifies the meeting call in advance to the community owners, including a detailed agenda to discuss. Most of agreements are taken by majority vote of the community owners, but some require the unanimity.

Community owners may assist to the meeting in person, or by a representative (this is commonly used in communities where the foreign owners are absent much of the time). An absent owner may also delegate his vote to another owner, or appoint a substitute to vote for him.

Those owners which community payments are not current, may participate in the meeting but cannot vote.

The Minutes Book

The Minutes Book must be legalised as authentic by the Property Registry, and preserved under the custody of the Community Secretary. The particulars of the meetings are recorded in this Book.

Any owner that considers an agreement voted by the majority of the community owners seriously harmful  for him can file within three months a lawsuit  to try to revoke the agreement (whenever he is updated with the community payments), or within one year if  the agreement is considered unlawful or contrary to the Bylaws.

Payment of the community fees

Every owner must pay his community fees on the date established by the owners at the Annual General Meeting. Fees may be paid on monthly, quarterly or annual basis.

If any of the owners fail to pay the community fees, the President or the Administrator may claim the debt, previous authorisation of the community owners, in the Court of the city where the apartments block is sited, and even have the property sold at auction to recover unpaid charges.

The President

Every owners community must have a President, elected among the owners of the building block for a period of one year, unless the bylaws of the Community establishes a different period.

The President most significant function is the legal representation of the Owners Community. He can file lawsuits in the name of the owners community (previous authorisation of the general meeting), impose duties to the Secretary and the Administrator, assuming their managerial tasks if none of them are designated.

He shall communicate previously to the different owners  the exact date, hour place and agenda of the meeting, and prepare the financial records and the financial plan proposed for the next year.

When the president acts as the sole administrator of the community, supervises the running of the common elements, takes notice of the complaints of the owners, collects the community fees charged to each owner, in few words, he has the full responsibility for the good operation of the complex.

The Administrator

The Community owners may appoint a professional administrator to control the day by day of the community, obtaining a fee for this job. The administrator shall manage the efficient running of the common elements, and any other task decided by the general meeting.

The administrator prepares the financial plan for the coming year and presents this at the general meeting for its approval or rebuttal. He must keep and maintain the minutes book and financial records of the community at the disposal of the owners.

The president may cease, with the previous agreement of the general meeting, the services of the administrator at any time, if  considers that he is not doing well his job. Moreover, if the general meeting doesn’t reach an agreement about this, any owner of the community can file a lawsuit to have an Administrator's action annulled when he considers that it is incompatible to any provision of the community bylaws.