Note

Buying a golf property in Spain: resort, fees and rules

§ 1What you are buying

A golf property is a house or flat on or near a golf course, usually inside a resort. The setting is the draw, but the legal position is made of the home, the community and the course. This page belongs to the chapter in beachfront and golf in detail.

§ 2The community

Most resorts have a community or an association that runs roads, gardens, pools, security and sometimes the clubhouse. Ask for the statutes, the budget, the last accounts, the minutes and a certificate that the seller is up to date. The legal process section explains communities of owners and the debts that follow a unit. Look for plans for major works and for disputes.

§ 3The course

The course may belong to the developer, a company, the community or a club. Ask who owns it, who runs it, and what the owner is obliged to do. The state of the course affects value, and a closed or declining course can change the resort. Ask what happens if the owner sells or closes it, and read any agreement that binds the course to the homes.

§ 4Membership and rights

Owning a home does not always give a right to play. Some resorts include rights, others charge fees or require membership. Ask for the written rights, the fees and the conditions for transfer when you sell. Ask whether the rights belong to the home or to you personally.

§ 5Fees

Fees can be high, and they can rise. Ask what is included, who sets the amount and how it changed in recent years. Ask for the reserve fund and any special assessment, as the law requires a reserve in communities under the horizontal property law.

§ 6Letting and use

Resorts often attract holiday lets, and the community can limit or ban tourist rental by a qualified majority. Regional rules apply as well. Read the statutes and the minutes before you rely on income.

§ 7Resale

Ask agents for the history of sales in the resort, the time to sell and the factors that affected price. We print no market figures. More on the coastal law explains the coastal law, which matters if the resort is near the shore.

§ 8Before you sign

Visit in different seasons. Speak to owners and to the administrator. Ask your lawyer to read the title, the statutes and any course agreement together.

§ 9The clubhouse and services

Ask what the clubhouse offers, who pays for it and whether non-members can use it. Services that the resort advertises may be run by a third party that can change terms. Ask what the community controls and what it does not.

§ 10Questions for the administrator

Ask the administrator about arrears among owners, disputes, planned works and the state of the reserve fund. Ask who owns the roads and the water supply. Their answers, together with the minutes, give a picture of how the resort is run.

§ 11Keep records

Keep the title, the statutes, the minutes, the fee receipts and any club agreement together. A later buyer will ask for them.

Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.