What is a Comunidad de Propietarios?
A Comunidad de Propietarios (Community of Owners) is a legal entity created automatically when a building or development is divided into separately owned units (apartments, villas, garages, etc.) with shared common areas. Common areas typically include the entrance hall, lifts, stairwells, gardens, swimming pools, parking areas, and facades.
Every owner of a unit in the development is automatically and compulsorily a member of the community. There is no opt-out. The community is governed by the Spanish Horizontal Property Act (Ley de Propiedad Horizontal) and by its own Statutes (estatutos) and internal rules (normas de régimen interno). A property administrator (administrador de fincas) is typically appointed to manage day-to-day affairs.
Community Fees (Cuotas de Comunidad)
Each owner must pay regular community fees (cuotas de comunidad). These cover maintenance of common areas, insurance of the building structure, cleaning, gardening, pool maintenance, lift maintenance, the administrator's fees, and contributions to the reserve fund. The amount depends on the community's budget and your coeficiente de participación — your proportional share, calculated based on your unit's size and location within the development.
Community fees for a standard apartment in Mijas or La Cala de Mijas typically range from €50–€300/month, though luxury urbanisations with extensive facilities can be considerably higher. Non-payment of community fees gives the community the right to place a legal charge (embargo preventivo) on your property and pursue the outstanding amount through the courts. Outstanding community fees are also an encumbrance that must be disclosed and resolved on any property sale.
Annual General Meeting (Junta de Propietarios)
Each community must hold at least one Annual General Meeting (AGM — Junta Ordinaria) per year. Extraordinary meetings can also be called by the President or when requested by at least 25% of owners by participation quota. At the AGM, the community:
- Approves or rejects the annual accounts.
- Sets the budget for the coming year.
- Elects the President (Presidente) and, where applicable, the Vice-President and Secretary.
- Discusses and votes on works, repairs, and modifications to common areas.
- Reviews and amends the community's internal rules.
As an owner, you have the right to attend and vote at meetings, either in person or by written proxy (delegating your vote to another person or the administrator). If you cannot attend, always delegate your vote — unrepresented owners still have their quota counted towards the quorum for certain decisions.
Voting Rights and Majorities
Voting in community meetings is based on your coeficiente de participación — not one vote per owner, but proportional to your share of the building. Different types of decisions require different majority thresholds under the Horizontal Property Act:
- Ordinary majority: Simple majority of attendees (with double majority — majority of owners AND majority of participation quota) — for routine maintenance and management decisions.
- Three-fifths majority: For installation of services such as telecoms infrastructure, lift, or accessibility modifications.
- Unanimous vote of all owners: For modifications to the community statutes or changes affecting the individual units (e.g., dividing a unit). Note: unanimous vote is only required from those who vote — absent owners who are notified and do not object within 30 days are counted as agreeing.
Your Rights as an Owner
As a member of a community of owners, you have the right to:
- Use and enjoy the common areas in accordance with the community rules.
- Attend and vote at community meetings (or delegate your vote).
- Request an extraordinary meeting with the support of 25% of owners by quota.
- Access the community's accounts, minutes, and documentation.
- Challenge community resolutions you consider unlawful before the courts within 3 months (or 1 year for resolutions contrary to the community's statutes).
- Make improvements to your own unit without prior approval, provided they do not affect structural elements or common areas.
Resolving Community Disputes
Disputes within communities of owners are unfortunately common — disagreements about fees, noise, unauthorised works, use of common areas, or unpaid debts. Most disputes can be resolved at community meetings or through direct negotiation. When this fails, the Spanish courts have a specific fast-track procedure (juicio monitorio) for collecting community fee debts, and the general civil courts handle other disputes.
If you are facing a community dispute — whether as a creditor pursuing unpaid fees, a debtor challenging an excessive claim, or an owner challenging an unlawful community resolution — legal advice from a property lawyer in Mijas will help you understand your options and protect your interests.