Investment approach
Comunidad de propietarios in Catalonia: how it works
In Catalonia the owners' community follows the Codi civil de Catalunya, not the national law. Who runs it, how votes work and how much each owner pays.
A comunidad de propietarios (an owners' community) is all the owners of flats and units in a building, who jointly own the common parts, pay for them and decide their fate at a meeting. In Catalonia its rules are set by the Codi civil de Catalunya (CCCat, the Civil Code of Catalonia), not by the national horizontal property law: the meeting is held at least once a year, is called at least 8 days ahead, and ordinary decisions are taken by a simple majority of the votes and ownership shares of those taking part (art. 553-20, 553-21 and 553-25 CCCat).
Membership is not a choice: by buying a flat the owner becomes part of the community, with its budget, its decisions and its future repairs.
Who runs the community
The community has three bodies: the president, the secretary and the owners' meeting (art. 553-15). Administration can be entrusted to an outside professional, who then also performs the secretary's functions.
| Body | Who | Term | What it does |
|---|---|---|---|
| Presidencia (president) | An owner only | One year, extendable until the next meeting | Calls the meeting, represents the community |
| Secretaría (secretary) | An owner or an outside administrator | One year | Minutes, debt certificates, the minute book |
| Administración | Often an administrador de fincas (a professional property manager) under contract | By decision of the meeting | Day-to-day management, budget, contractors |
| Junta de propietarios (owners' meeting) | All owners | Permanent | Supreme body: budget, accounts, offices, works, levies |
The offices are compulsory: they can be declined only for good reason, and if there are no candidates they are allocated by rota or by lot (art. 553-15.5). Offices are unpaid for owners and may be paid for outsiders (art. 553-15.6).
How the meeting runs
The meeting is held once a year to approve the accounts and the budget and to elect the offices, and additionally by decision of the president or at the request of a quarter of the owners or of the ownership shares (art. 553-20). The notice with the agenda is sent at least eight calendar days ahead, and the documents for the agenda are attached or the place to consult them is given (art. 553-21).
Three rules worth knowing for a new owner:
- Decisions are taken only on the agenda. Items outside the agenda do not get a decision (art. 553-25.1).
- A debtor does not vote. An owner with debts to the community may speak but not vote, unless they have deposited the sum or challenged it in court (art. 553-24).
- Silence counts as agreement. An absent owner may object in writing within a month of notification; otherwise they are deemed to have joined the decision (art. 553-25.6 and 553-26.3).
What majority decisions need
The threshold depends on the question. The decisions with a special threshold are listed by the law; everything else passes by a simple majority.
| Decision | Threshold |
|---|---|
| Lift, accessibility, energy efficiency, charging points, house rules | Simple majority of the votes and shares of those taking part (art. 553-25.2) |
| Change to the title deed and statutes, works that change the structure or facade, a swimming pool, special expense shares | 4/5 of the owners and 4/5 of the shares (art. 553-26.2) |
| Change of shares, separating an anexo (an annex), adding a storey | Unanimity (art. 553-26.1) |
Which renovations need the meeting's consent and how that combines with the municipal licence is covered in the article on renovation and neighbours' consent.
What each owner pays: a worked example
Costs are divided in proportion to the flat's cuota de participación (ownership share), unless the title deed, the statutes or decisions of the meeting provide otherwise (art. 553-45.1). Not using a common service does not exempt you from paying, except in cases expressly written into the statutes (art. 553-45.2). How the share is calculated is described in the article on the coeficiente de participación.
Worked example, not a forecast. A building budget of 50,000 € a year, flat share 2%.
| Situation | Calculation | Fee per year |
|---|---|---|
| An ordinary flat | 50,000 × 2% | 1,000 € |
| The flat houses an office with intensive use of the common parts, the meeting raised the share | no more than double the share | up to 2,000 € |
| A pool with a special 3% share under the statutes, with a pool budget of 8,000 € | 8,000 × 3% | 240 € on top |
The increase for flats with professional activity is limited by law to double the share (art. 553-45.4).
What happens if fees are not paid
The community recovers debts through a simplified court procedure (proceso monitorio), and a certificate from the secretary approved by the president is enough for the claim (art. 553-47). The flat answers for debts of the current year and the four previous ones, even after a sale. For a buyer this is the main practical conclusion: the debt certificate is obtained before the deposit, details in the article on debts to the community.
When this scheme does not apply
All of the above applies to buildings in Catalonia. Outside it the national horizontal property law applies, with different thresholds and deadlines, so articles on "the rules of Spain" are applied with caution to a flat in Barcelona. In a building with fewer than three owners, the community works under the rules of ordinary co-ownership (art. 553-15.9). For estates and complexes with several buildings, the rules of complex horizontal property apply. What to check in a specific building before buying is gathered in the article on checking the comunidad.
Questions and answers
Is it compulsory to join the comunidad de propietarios when buying a flat?
Yes. Membership is tied to owning a flat in the building, and you cannot opt out of it while you remain the owner.
How often is the owners' meeting held?
At least once a year, to approve the accounts and budget and elect the offices. It is also called by the president or by a quarter of the owners or shares.
Can an owner with debts vote at the meeting?
No, unless they have deposited the disputed sum with the court or a notary and challenged the debt in court. They keep the right to speak at the meeting.
What majority is needed to install a lift?
In Catalonia, a simple majority of the owners and shares taking part in the vote, even if the works change the title deed or the facade.
Does the owner of a ground-floor flat pay for the lift?
As a rule yes: not using a common service does not exempt you from paying. An exception is possible only if the statutes expressly provide for it.
