Note
Community of owners statutes and meetings in Spain
Quick answer
The owners’ meeting is the first governing body of the community, and the president convenes it. The statutes can add rules on use, such as pets, rental or noise. Ask for the statutes and the minutes of recent meetings before you buy, and attend or give a proxy afterwards.
Applies toBuyers who want to know how decisions are made and what rules will bind them.
On this page: 8 sections
§ 1The legal framework
The Horizontal Property Law sets the basic rules, and each community adds its own through its statutes and internal rules. The owners’ meeting is the first governing body of the community, and the president convenes it. Decisions are taken by votes, with majorities that depend on the subject. A buyer should read the statutes and the minutes before signing, and both are part of a closer look at communities of owners.
§ 2The statutes
The statutes are the community’s rulebook. They can regulate the use of the units and common parts, the distribution of certain costs, pets, noise, the use of the pool and parking, and the operation of the governing bodies. They bind new owners from the moment they buy. Ask for a copy, read them, and ask your lawyer about anything that restricts your plans. If you want to rent to tourists, the vote needed to approve, limit or prohibit that activity is three fifths of all the owners.
§ 3The meeting
There is normally an ordinary meeting each year to approve the accounts and the budget and to elect the president, and extra meetings when needed. Owners receive a notice with the agenda. The minutes record what was decided. Ask for the minutes of the last few years, because they show disputes, repairs and plans. Calm minutes are a good sign.
§ 4President and administrator
The president represents the community and convenes the meeting. The role rotates among owners in many communities. The administrator is often a professional who keeps the accounts and deals with suppliers. Ask who they are and how long they have been in post. A change of administrator, a conflict with the president or a long list of unresolved issues tells you something about the community.
§ 5Votes and majorities
Different decisions need different majorities. Ordinary matters need a simple majority, while some changes need a larger one, up to unanimity for certain acts. The exact rules are in the law. Ask your lawyer if you plan something that needs the community’s consent, such as works on the facade, a terrace enclosure or a change of use.
§ 6Your obligations
You must pay your share, respect the statutes, allow necessary works and not carry on activities that are prohibited. See the rules on community fees for the money side. Ask a neighbour about how the community works in practice.
§ 7Challenging decisions
An owner who disagrees with a decision can challenge it within the time the law allows. Do not wait. Ask your lawyer as soon as you receive the minutes. The extra costs that decisions can produce are covered in the rules on derramas.
§ 8More on this topic
The rules on debts to the community when buying explains what you may be asked to pay and the rules on who pays community fees explains the split between buyer and seller.
FAQRelated questions
What do the statutes cover?
They can set rules on the use of the units and common parts, the distribution of costs, and how the community is run, within the law. Read them for restrictions on rental, pets, works and noise before you commit to a purchase.
Who runs the community?
The owners decide at the meeting, the president represents the community and convenes meetings, and often an administrator keeps the accounts and handles the practical side. Ask for their contact details and how to reach them.
What if I cannot attend?
You can give a proxy to another person, and the decisions bind all owners, including absent ones, if adopted properly. Read the notice and the minutes so you know what was decided, and challenge any decision within the time the law allows, with advice.
Sources
- Boletín Oficial del Estado: Ley de Propiedad Horizontal (Ley 49/1960, BOE-A-1960-10906) (official source, opens in a new window), Arts. 7, 9, 10, 13, 16 and 17 (consolidated text of 3 October 2026)Last checked 26 October 2026
Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.