Community of Owners in Galicia: Rights, Obligations and Complete Guide

What is the community of owners?

The community of owners (comunidad de propietarios) is the legal organisation that manages and administers the common elements of a building or residential development: staircases, elevator, roof, facade, gardens, entrance hall, central heating system, collective antennas and any space or service shared between neighbours. It is regulated by the Horizontal Property Law (Ley 49/1960, amended by Law 8/2013 and Law 8/2021), which establishes the legal framework for coexistence and maintenance of shared properties throughout Spain, including Galicia.

In practice, when you buy an apartment in a building with two or more owners, you automatically become a member of the community of owners. It is not voluntary or optional: it is a legal obligation inherent to horizontal property. Each owner is assigned a participation coefficient, a percentage reflecting the usable surface area of your dwelling relative to the total building. This coefficient determines how much you pay towards common expenses and the weight of your vote in collective decisions.

In Galicia, communities of owners are especially relevant in coastal cities like A Coruña, Vigo and Ferrol, and in tourist towns along the Costa da Morte such as Cee, Corcubión, Muxía and Camariñas. Many buildings in these areas combine permanent residents with foreign owners who use their properties as second homes or holiday lets, adding complexity to community management.

Tip: Before buying any property in Galicia, always request a certificate confirming the seller is up to date with community payments. If the seller has outstanding debts, the new owner may be liable for unpaid fees from the current year and the previous year.

When is a community of owners mandatory?

A community of owners is mandatory in any building or residential complex that has two or more different owners sharing common elements. This includes apartment buildings, semi-detached houses with shared elements (roof, party wall, communal gardens), developments with common areas and residential complexes with shared services.

It is not mandatory, however, for detached single-family homes without common elements shared with other owners. An isolated villa on the outskirts of Santiago de Compostela, for example, does not need to constitute a community of owners.

Community fees: how much do you pay in Galicia?

Community fees are the regular payments each owner makes to cover the maintenance and upkeep of the building's common elements. In Galicia, fees are generally lower than in Madrid or Barcelona, but vary significantly depending on the type of building and available services.

The main factors influencing the fee amount are: whether there is an elevator, porter or cleaning service, the size of the building (more neighbours = lower individual fee), the age of the property (older = more repairs) and the location (central buildings tend to have higher fees due to additional services).

What do fees cover?

• Elevator: Monthly maintenance, annual inspection, repairs. Average contract: 150-400 €/month per building
• Common area cleaning: Entrance hall, staircase, garage. Usually 50-120 €/month
• Common area electricity: Lighting for entrance, staircase, garage. 30-80 €/month
• Building insurance: Structural damage cover, civil liability. 200-800 €/year per building
• Garden maintenance: If the building has green areas. 50-200 €/month
• Administrator: Accounting, meeting organisation, legal advice. 50-150 €/month
• Reserve fund: Since 2023, a minimum of 10% of the annual budget must be allocated
• Minor repairs: Common plumbing, locksmith work, painting of communal areas

The owners' meeting: the decision-making body

The owners' meeting (junta de propietarios) is the supreme decision-making body of the community. All important decisions are made at the meeting, and adopted agreements are binding on all owners, regardless of whether they voted in favour, against or did not attend.

The ordinary meeting is held at least once a year, generally in the first quarter to approve the previous year's accounts and the new year's budget. Extraordinary meetings can be called when circumstances require, on the initiative of the president, a quarter of the owners or owners representing at least 25% of participation quotas.

Meeting process

1. Notice: The president or administrator sends the summons at least 6 days in advance for ordinary meetings and 3 days for urgent extraordinary meetings. In Galicia, many communities send notices by certified post, email or WhatsApp to non-resident owners.
2. Agenda: Must include all matters to be discussed. Agreements cannot be adopted on topics not included in the agenda unless all owners are present and agree to discuss them.
3. Voting: Each owner has as many votes as their participation coefficient. Required majorities vary depending on the type of agreement.
4. Minutes: Minutes are drawn up recording all agreements, signed by the president and secretary. Agreements are notified to all owners, including absent ones.

Required majorities by agreement type

President, secretary and administrator

The community must appoint a president, who is the legal representative of the community in and out of court. The position is mandatory and unpaid, elected at the owners' meeting for a period usually of one year, renewable. Any owner can be president, and if nobody volunteers, a judge can coercively appoint one.

The secretary is responsible for drafting meeting minutes and maintaining the minute book. The administrator manages financial and technical aspects: collecting fees, paying invoices, contracting services, calling meetings and providing legal advice. In Galicia, most communities hire professional property management companies (administradores de fincas) charging between 50 and 150 €/month.

It is common for the secretary and administrator roles to be held by the same person or professional company, whilst the president must always be an owner in the building. This is particularly important in areas like the Costa da Morte, where many owners are foreign and professional management is essential for smooth community operation.

Special assessments (derramas): when extra payments are needed

Special assessments (derramas) are extraordinary fees approved when ordinary community funds are insufficient to cover a necessary repair or improvement. They are the aspect that most surprises and worries foreign buyers, especially those accustomed to systems like England's, where no equivalent mechanism exists.

Derramas can be ordinary (for necessary conservation works, approved by simple majority) or extraordinary (for improvement works, requiring a 3/5 majority). In Galicia, the most common derramas relate to the weather: repairing roofs damaged by Atlantic rains, treating damp in facades, and replacing exterior joinery to improve thermal insulation.

Important for foreigners: You can request to pay derramas in instalments. Many communities in Galicia allow monthly payments over 6-12 months. Ask about this option at the owners' meeting.

What happens if you don't pay?

Non-payment of community fees is one of the main sources of conflict in communities of owners. The law is clear: paying fees is a legal obligation, and non-payment has serious and progressive consequences for the debtor.

1. Friendly reminder: The administrator sends written payment reminders. Late-interest accrues from the moment the debt is declared judicially.
2. Burofax: A formal notice sent through the postal service serving as legal proof of the claim. Cost: approximately 30-50 €. Legal interest accrues from receipt of the burofax.
3. Monitorio proceedings: If the debt exceeds €1,800 or there are multiple defaulting owners, the community can initiate summary proceedings at court. This process is relatively fast (2-4 months) and does not require a lawyer or court agent for amounts under €2,000.
4. Ordinary proceedings: For more complex debts or when the debtor opposes the summary procedure. Can take from 6 months to 2 years.
5. Attachment: With a final judgment, the debtor's bank account, income or even their property can be seized and auctioned.

Furthermore, since the 2013 reform, the community may publish a list of defaulting owners in the building's entrance hall, indicating the outstanding debt, as a form of social pressure. Non-essential services (pool, gym) can also be denied to defaulting owners.

Rights and tips for foreign owners

Foreign owners have exactly the same rights and obligations as Spanish owners in a community of owners. There is no legal or practical discrimination on grounds of nationality. However, distance and language barriers can create practical challenges worth anticipating.

Fundamental rights of foreign owners

• Right to vote: You can vote at meetings in person, by post (delegated written vote to another owner) or by proxy (notarised power of attorney to a lawyer or administrator).
• Right to information: You can request at any time the status of accounts, meeting agreements, a certificate of being up to date with payments and any document related to community management.
• Right to challenge agreements: If a meeting agreement is contrary to law or the statutes, you can challenge it in court within one year of its adoption.
• Right to call a meeting: If you represent at least 25% of quotas, you can request the president to call an extraordinary meeting.

Practical tips for non-resident owners

• Request all community communications be sent by email in addition to postal mail
• Maintain a Spanish bank account with direct debit for community fees
• Appoint a local representative (lawyer, administrator or trusted neighbour) with notarised power of attorney to attend meetings on your behalf
• Keep all payment receipts for fees and derramas for at least 5 years
• Request a certificate of good standing before selling the property
• Find out about public grants available for building rehabilitation in Galicia (Xunta rehabilitation plans)

The Xunta de Galicia's subsidies for building rehabilitation can cover 40-60% of the cost of energy efficiency, accessibility or conservation improvement works. Many communities along the Costa da Morte have used these programmes to finance elevator installation, facade improvements and window replacements.

At Cristina Casas Galiza we advise you throughout the purchase process and in managing your property on the Costa da Morte. Contact us to resolve any questions about communities of owners.