IgeraFincas Ireland — AI Property Management for Irish Owners in Spain

Ley de Propiedad Horizontal — Spanish co-ownership law explained in English

The LPH has governed co-ownership in Spain since 1960 and was last reformed in 2019. It establishes how communities are managed, how owners vote, what the administrator's role is, and how disputes are resolved. For Irish owners unfamiliar with Spanish property law, IgeraFincas acts as a knowledgeable guide, explaining every article in plain English with direct references to your community's own statutes.

Cuota de participación — your ownership share

Every apartment in a Spanish community is assigned a cuota de participación (percentage share) which determines your voting weight at general meetings and your share of communal costs. These shares are set in the escritura de división horizontal and cannot be changed without unanimous consent. IgeraFincas explains how your share was calculated and what it means for your monthly fees.

Fondo de reserva — the maintenance fund obligation

Art. 9.1.f LPH requires every community to maintain a reserve fund (fondo de reserva) of at least 10% of its annual budget. This fund covers unexpected repairs and major maintenance. Many communities fall below this threshold, which leaves owners exposed to emergency levies. IgeraFincas calculates the minimum required fund and explains the consequences of shortfalls.

Spanish tax obligations for Irish non-residents

Irish owners of Spanish property are liable for IRNR (Impuesto sobre la Renta de No Residentes) at 19% as EU/EEA residents. If the property is rented out, actual income is taxed; if vacant, an imputed income based on cadastral value is charged. IBI (local property tax) is payable annually regardless. IgeraFincas provides a structured overview of these obligations.

"I pay €290 per month in community fees on Costa del Sol. What exactly am I paying for?"

IgeraFincas reads your community's presupuesto (budget) and explains exactly what is included: pool and garden maintenance, building insurance, portero (concierge), lift servicing, and reserve fund contributions. Answers in English with direct references to your community's documents.

"I own a flat in Marbella and want to rent it out for the summer months. Do I need a licence?"

In Andalusia, short-term rental of a property you own requires a VUT licence (Vivienda de Uso Turístico) from the regional government. You must also check your community statutes — since 2019, communities can ban short-term lets by a 3/5 vote (Art. 17.12 LPH). IgeraFincas checks both your community rules and the regional requirements automatically.

"The community sent me an extra bill for €1,800 for urgent roof repairs. Can they do this?"

Yes. Under Art. 9 LPH, owners are obliged to contribute to urgent maintenance works on shared areas even if not budgeted. The general meeting must approve the levy, and the administrator must notify owners. IgeraFincas explains whether the correct procedure was followed and your options if you dispute the amount.

"I can't fly to Spain for the annual meeting. Can I vote by proxy?"

Yes. Under LPH Art. 15, owners can delegate their vote in writing to any person, including another owner or the administrator. The proxy letter must be signed and specify the scope of authority. IgeraFincas provides a template proxy letter in Spanish and explains the rules for remote representation.