Frequently asked questions about homeowners' communities: 2025 guide

Homeowners' communities generate dozens of queries every month: works, fees, meetings, noise, common elements. This guide answers the 30 most frequently asked questions based on the current Spanish Horizontal Property Act (LPH), so that owners and property managers share the same clear reference.

Questions about works and renovations

Can I carry out works in my flat without asking the community for permission?

Yes, for works inside your home that do not affect structural or common elements. But if the work involves altering the facade, downpipes, the building's structure or any common element, you need authorisation from the general meeting by majority agreement (Art. 17 LPH). Always consult your community's bylaws.

Who pays for the repair of the downpipes?

Downpipes are common elements, so the cost is borne by all owners in proportion to their participation coefficient (Art. 9.1.e LPH), unless the bylaws provide for a different distribution. If the breakdown is within your home (private branch), the cost is yours.

Can the community force me to remove works I have already carried out?

Yes. If the works affect common elements or alter the safety, accessibility or appearance of the building, the community can require reinstatement to the original state at your expense (Art. 7.2 LPH). The timeframe for action is important: waiting too long may limit the legal options available.

Can I install an electric vehicle charger in my parking space?

Yes. Law 8/2013 and Royal Decree-Law 19/2021 recognise the right to install charging infrastructure in your parking space without needing meeting approval, provided you bear the cost and notify the administrator 30 days in advance.

Questions about fees and charges

Can the community take enforcement action against me for not paying the fees?

Yes. The LPH (Art. 21) allows the community to pursue unpaid fee debts through an expedited monitorio court procedure. The property can be encumbered as a real guarantee for the debt (Art. 9.1.e LPH). The costs of the claim are also borne by the debtor.

What happens if I disagree with a special levy approved at the general meeting?

You can challenge it in court if it is contrary to the law or the bylaws, or if there were irregularities in the notice or voting (Art. 18 LPH). The deadline is 3 months from the agreement for owners who voted against it, and one year for those who were absent.

Do I have to pay the fees even if I do not use the common services?

Yes. The participation coefficient is the basis for calculating common expenses, not actual use. Unless the bylaws establish specific exemptions (uncommon), all owners contribute to general expenses even if they do not use the lift, pool or common areas.

Questions about owners' meetings

How often must the general meeting be convened?

The LPH requires at least one ordinary annual meeting (Art. 16.1) to approve the budget and accounts. Extraordinary meetings are convened when the president or 25% of the owners (or those representing 25% of the quotas) request one.

Can I vote in writing if I cannot attend the meeting?

Yes. If you cannot attend, you can delegate your vote to another person or vote in writing on the items included in the agenda sent with the notice. Votes from absent owners who do not object within 30 days count as favourable for certain types of agreement (Art. 17.8 LPH).

How much advance notice must I receive for a meeting?

The notice must be given at least 6 days in advance (Art. 16.3 LPH). It must specify the agenda, venue, date and time, and the accounts balance where applicable. A defective notice can be grounds for challenging the agreements.

Questions about common elements and use

Can I put plant pots in the stairwell?

It depends on your community's bylaws and internal regulations. In general, the stairwell is a common element and any exclusive use requires a meeting agreement. Small pots are usually tolerated, but those that obstruct evacuation or cause dampness may lead to sanctions.

Can the community ban tourist rentals in the building?

Since the 2019 reform (Royal Decree-Law 7/2019), the community can limit or prohibit tourist rentals of the dwellings if it is approved at a meeting by a 3/5 majority (Art. 17.12 LPH). That agreement must be registered at the Land Registry to bind future owners.

Can an owner with unpaid debts vote at the meeting?

The LPH (Art. 15.2) establishes that owners with debts to the community may attend the meeting but do not have the right to vote, unless the debt has been legally challenged or the amount has been deposited with the court. They must be notified at the start of the meeting.

How long do I have to challenge a meeting agreement?

3 months from the date of the agreement if you were present or represented and voted against it. 1 year if you were absent or if the agreement is contrary to public policy or the bylaws (Art. 18.3 LPH). The challenge must be filed with the courts of first instance.

Can the meeting approve works without unanimity?

It depends on the type of works. Maintenance and conservation works require a simple majority. Improvement works exceeding 3 months of common expenses require a 3/5 majority. The installation of accessibility services is favoured by law (Art. 17 LPH).

Who can convene an extraordinary meeting?

The community president, at their discretion or at the request of at least 25% of the owners (or those representing 25% of the participation quotas). If the president fails to convene one within the deadline, any owner can apply to the court (Art. 16.2 LPH).

Can the community charge me for using the parking area as a storage room?

If the use of the space is provided for in the bylaws or agreed at a meeting, yes. Common spaces cannot be used exclusively without a community agreement. The private use of common elements may generate financial compensation in favour of the community.

What do I do if the president does not convene the annual meeting?

Any owner can require the administrator to notify the president of the non-compliance and request that they convene the meeting. If this persists, they can apply for a court-ordered convening or, if they represent 25% of the quotas, convene it themselves (Art. 16 LPH).

Questions about community insurance

What does the community insurance policy cover?

The compulsory building insurance (required by Spain's Building Regulations Act, LOE 38/1999) covers at minimum damage to the structure and installations. Standard policies also include public liability (damage to third parties caused by common elements), fire, water damage in common areas, and theft. The contents of individual flats and private elements are excluded — these are covered by each owner's home insurance policy.

Who pays if a roof leak damages my furniture?

It depends on the source. If the leak comes from a common element (roof, communal terrace, downpipe), the community is liable for damage to the affected common elements. Damage to the flat's contents (furniture, floors, paintwork) is normally covered by the owner's home insurance, unless the community was grossly negligent in its maintenance duties (Art. 1902 Civil Code). When in doubt, both the community and the owner should file claims with their respective insurers.

Can the community require me to take out home insurance for my flat?

Not directly: the LPH does not oblige individual owners to hold home insurance. However, some communities' bylaws may recommend or require it for certain uses — for example, for flats used as tourist rentals. The compulsory insurance is the building insurance, taken out by the community (Art. 19 LOE).

Questions about noise, pets and neighbourly relations

What can I do if a neighbour makes noise at night?

First, try direct dialogue or contact the administrator. If the noise is persistent and exceeds the limits set by the local by-laws, you can report it to the Town Hall. The community can also act collectively: if the offending owner does not stop, the LPH (Art. 7.2) allows the president to bring a legal action to cease the nuisance, which can include the temporary suspension of the owner's right to use their flat.

Can the community prohibit pets in the building?

The LPH does not allow pets to be banned by general meeting resolution — this falls within the right to use one's private home. What the bylaws or internal rules can regulate are coexistence norms: keeping animals on a lead in common areas, not fouling common elements, etc. A bylaw clause that completely bans pets may be challengeable as contrary to the right to use private property.

Can the community impose fines on an owner who breaks the rules?

The LPH does not provide for a direct financial sanctions regime between owners. The route of action is the cessation order (Art. 7.2 LPH) for prohibited, disruptive or harmful activities. Bylaws can set coexistence rules, but financial penalties between neighbours require a court judgment. The offending owner can, however, be ordered to pay compensation for damages caused and the legal costs.

Questions about the president and property manager

Is it compulsory to have a property manager (administrador de fincas)?

It is not mandatory under the LPH, but it is strongly recommended for communities with more than 4–5 owners. The property manager's duties (Art. 20 LPH) include preparing the budget, implementing meeting decisions, safeguarding documents, handling emergencies, and keeping accounts. Without a manager, these tasks fall on the president — a significant workload.

What are the president's obligations?

The president (Art. 13 LPH) legally and judicially represents the community, convenes and chairs meetings, oversees building maintenance, and implements agreed resolutions. The role is compulsory on a rotating basis unless the bylaws provide otherwise, though it can be challenged in court with just cause. The mandate lasts one year unless the bylaws state differently.

Can the president take urgent decisions without convening a meeting?

Yes, in cases of genuine urgency. The president can order emergency repairs to prevent greater damage (burst downpipe, lift breakdown, flood) and charge the cost to the community, subject to reporting at the next meeting. For non-urgent expenditure exceeding the budget or improvement works, meeting approval is always required.

How can the community dismiss or change its property manager?

The manager can be dismissed by simple majority vote at a general meeting (Art. 17.7 LPH), provided the contractual notice periods are respected. If the contract includes early-termination penalties, the community must pay them. Unjustified dismissal before the contract end may give rise to a damages claim by the manager. The most common approach is simply not to renew the contract at expiry.

Questions about selling a flat and debts

What happens to community debts when I sell my flat?

The flat is liable for debts from the current year and the previous three years, regardless of who owned it when the claim is made (Art. 9.1.e LPH). The buyer must ask the seller for a debt certificate issued by the administrator before signing the deed. If they do not, they become jointly liable for the debts of that period.

What is the community debt certificate and who issues it?

It is a document issued by the secretary-administrator (with the president's approval) certifying whether the flat has any outstanding debts to the community. It is compulsory for signing the sale deed (Art. 9.1.e LPH). The notary cannot authorise the deed if the seller does not provide the certificate or explicitly declares they have not requested one (in which case the buyer accepts the risk).

Can the community exercise a right of pre-emption over the sale of a flat?

The LPH does not grant the community a right of pre-emption over residential units. Such a right may exist if the community's bylaws specifically provide for it, which is very unusual in Spain. The community does, however, hold priority in recovering its debts from the sale proceeds of a flat (Art. 9.1.e LPH).

Questions about terraces, penthouses and private elements

Is the penthouse terrace mine or communal property?

It depends on the title deed and bylaws. The terrace may be: (1) a common element for the exclusive use of the penthouse owner, who pays for that use but does not own the surface area; or (2) a private element included in the flat description. In the first case, the community can restrict its use and maintenance costs typically fall on the owner with exclusive use.

Can I install an air-conditioning unit on the façade?

Only with the meeting's authorisation (Arts. 7.1 and 17 LPH), as the façade is a common element. The required majority depends on the type of work and whether the bylaws provide for a standard routing system for HVAC units. Some communities approve a standardised installation protocol to avoid processing each case individually.

Does a ground-floor owner with a patio have exclusive use of that space?

Only if this is expressly stated in the title deed or bylaws. The patio may be: a common element for the exclusive use of the ground-floor flat (the owner uses it but the community owns it), or a private element included in the flat's description. Without an express grant of exclusive use, the patio is a common element and all owners have a right to use it.

Questions about renovation and grants

What is the ITE/IEE and when is it compulsory?

The Building Technical Inspection (ITE) is compulsory for buildings over 50 years old in most Spanish municipalities (legislation varies by autonomous community). In Catalonia, Decree 67/2015 sets specific deadlines by building age. The report assesses the state of the structure, façade, roof and installations. Non-compliance can lead to fines and may restrict the ability to sell or rent the flat.

Are there public grants for renovating the building?

Yes. The Recovery, Transformation and Resilience Plan (European Next Generation EU funds) includes substantial grants for energy renovation of buildings — up to 80% of the cost for buildings that reduce primary energy consumption by more than 60%. Grants are channelled through each autonomous community. The owners' community must agree to the renovation at a general meeting and apply for the grants collectively.

Can the community take out a collective loan to finance works?

Yes. The community can take out a loan in its own name to finance conservation or renovation works (Art. 11 LPH). The required majority depends on the type of work. Owners are liable for the loan in proportion to their participation coefficient, and non-payment of community fees can trigger the standard monitorio collection procedure.