What is a Comunidad de Propietarios?

A Comunidad de Propietarios is a legal entity created automatically when a building is divided into separately owned units with shared common areas. Common areas include entrance halls, lifts, gardens, swimming pools, and facades.

Every owner is automatically and compulsorily a member. The community is governed by the Spanish Horizontal Property Act and its own Statutes. A property administrator (administrador de fincas) typically manages day-to-day affairs.

Community Fees

Each owner must pay regular community fees covering maintenance of common areas, building insurance, cleaning, gardening, pool maintenance, and the reserve fund. Your share is proportional to your coeficiente de participación.

Community fees for a standard apartment in Mijas typically range from €50–€300/month. Non-payment gives the community the right to pursue the outstanding amount through the courts and place a charge on your property.

Annual General Meeting

Each community must hold at least one AGM per year. At the AGM, the community:

  • Approves or rejects the annual accounts.
  • Sets the budget for the coming year.
  • Elects the President and other officers.
  • Discusses and votes on works and modifications to common areas.
  • Reviews and amends internal rules.

As an owner, you can attend in person or delegate your vote by written proxy. Always delegate if you cannot attend.

Voting Rights and Majorities

Voting is based on your proportional participation quota. Different decisions require different majority thresholds:

  • Ordinary majority: Double majority (majority of owners AND majority of quota) for routine management.
  • Three-fifths majority: For installation of services such as telecoms or accessibility modifications.
  • Unanimous vote: For modifications to the community statutes. Absent owners who don't object within 30 days count as agreeing.

Your Rights as an Owner

As a member, you have the right to:

  • Use and enjoy the common areas in accordance with community rules.
  • Attend and vote at community meetings (or delegate).
  • Request an extraordinary meeting with 25% of owners by quota.
  • Access the community's accounts, minutes, and documentation.
  • Challenge unlawful resolutions before the courts within 3 months.
  • Make improvements to your own unit without prior approval, provided they don't affect structural elements or common areas.

Resolving Community Disputes

Disputes about fees, noise, unauthorised works, or use of common areas are common. Most resolve at meetings or through negotiation. The courts have a fast-track procedure (juicio monitorio) for collecting community fee debts.

If you're facing a community dispute — as a creditor, debtor, or an owner challenging an unlawful resolution — legal advice from a property lawyer in Mijas will help protect your interests.

Frequently Asked Questions

Yes, in most cases. Once works are approved by the required majority, all owners must contribute proportionally — even those who voted against. Your lawyer can advise whether the approval was made with the correct majority and whether you have grounds to challenge.
The new owner takes on liability for the previous owner's outstanding fees for up to 3 years prior to purchase. This is why your lawyer must obtain a certificate of community debt confirming no outstanding fees before you complete. Never complete without this certificate.
Internal modifications that don't affect structural elements or common areas are generally permitted without approval. Works affecting the structure, exterior appearance, or common elements require prior community (and often local authority) approval. Unauthorised works can result in demands to restore the property.