Understanding comunidad fees: A comprehensive guide for homeowners in Spain

If you own property in Spain, chances are you are part of a homeowners' association, known as a comunidad de vecinos. This involvement typically requires payment of community fees, known as comunidad fees. Here, we delve into the essential aspects of these fees, including their purpose, calculation, and the rights of homeowners.

What are comunidad fees?

Comunidad fees are established under Spain’s Horizontal Property Law (LPH), applicable to properties within a shared building or on communal land divided into individual plots. According to Article 9 of the LPH, property owners are obligated to contribute to the general expenses necessary for the maintenance of the property and its communal services, ensuring a harmonious living environment.

Types of comunidad fees

Generally, there are two categories of community fees in Spain:

General or ordinary community expenses: These cover basic maintenance costs essential for the building's upkeep, including utilities like electricity and water, gardening, cleaning, and elevator maintenance. These expenses are included in the annual budget, which is approved during community meetings.

Extraordinary community expenses: These refer to exceptional costs that exceed routine maintenance. Commonly known as derramas, these fees fund specific improvements or repairs, such as installing a new elevator or making structural alterations. Approval for such fees typically occurs during extraordinary meetings.

Who is responsible for comunidad fees?

Homeowners are primarily responsible for paying comunidad fees. However, there is a provision allowing landlords to pass these fees onto tenants as part of the rental agreement. Notably, ground-floor commercial premises may be exempt from certain charges, provided this is stipulated in the community statutes and unanimously agreed upon by the owners.

How are fees calculated?

The calculation of comunidad fees is based on the size and percentage of the property owned within the building. For instance, property expert Graham Hunt explains that if monthly expenses for a building total €900 and there are 30 flats, the community might charge €1,200 to maintain a small surplus. This would result in each flat owner paying approximately €40 per month, with payments typically debited quarterly.

What are the typical costs?

Monthly comunidad fees vary significantly, influenced by factors such as building services and the number of residents. While some properties may incur fees as low as €6, average fees generally range from €100 to €110 per month. In contrast, more luxurious buildings might see fees soar to €600 or more.

Can comunidad fees be increased?

Any increase in comunidad fees must be agreed upon during the annual general meeting, where the budget for the year is presented. A unanimous vote is required for any fee increase, which must be justified by factors such as inflation or rising maintenance costs.

Where do comunidad fees go?

Community fees are primarily directed to the community president or treasurer, with many buildings maintaining separate bank accounts for these funds. In smaller communities, cash transactions may still occur.

Rights of homeowners regarding fee increases

Homeowners have the right to contest increases in comunidad fees. Complaints can be lodged if there are disagreements with the budget or changes to the community statutes. However, challenges are only effective if they can prove the increase violates established agreements or legal procedures.

By understanding comunidad fees and their implications, homeowners can navigate their responsibilities and rights more effectively, fostering a cooperative living environment.