Comunidad de propietarios: what it is and what payments it includes

What is comunidad de propietarios?

Comunidad de propietarios is an organization of owners of a house where each room has its own property and common property in common parts. [1]It is created by título de constitución in escritura pública, which is introduced into Registro de la Propiedad (art. 553-9) [1]The common parts include the area, facades, roofs, stairs, elevators, lobbys, pools, orchards and general engineering systems (art. 553-41) [1]. Catalonia has its own law: the book is the fifth Código civil de Cataluña, not the national Ley de Propiedad Horizontal, which is often recounted in Russian-language articles. The terms and percentages in this article are taken from the Catalan text.

What payments include comunidad?

Owners pay the total expenses proportionally to the Cuota de participación unless the statute or decisions of the jonta otherwise specify (art. 553-45) [1]The rules of procedure may set out special shares for the stairs, pools and gardens. [1]If the premises are used for business or professional activities, the share of the costs may be increased but not more than double [1].

The Fondo de reserva is owned by all owners and is kept separately and cannot be returned when selling the apartment. [1].

Who makes the decisions in comunidad?

The highest authority is junta de propietarios, and all owners are included (art. 553-19). [1]553-20) The President convenes and holds a meeting, represents a comunidad; the administrador manages current affairs and prepares the budget and accounts (arts. 553-16 and 553-18) [1]The notice shall be given within eight calendar days to the address you have given the Secretary. [1].

Most decisions take a simple majority of votes and shares. 4 fifths of the statute are required to change the shares of unanimity (Article 553-26) [1]The owner with a duty to comunidad may not vote unless he has paid a debt to the court or to a notary or has challenged it by the court (art. 553-24) [1]The Protocol shall be written in a language not less than Catalan (art. 553-27) [1]The absent owner may object in writing within one month of receiving notification of the decision; otherwise, in a number of decisions, his position may be deemed to be consent (arts. 553-25 and 553-26). [1]A court decision may be challenged if you are aware of the payment: one year ’s time and, if the interests of comunidad are harmed, three months ’ notice (art. 553-31) [1].

What debts are the new owner responsible for?

The apartment is liable as collateral for the debts of the current year and the four previous ones, including debts of the previous owners (art. 553-5) [1]The seller is obliged to declare that it has no debts or to name them and to hand over certificado to the secretary with debts and approved but not due payments. Without this escritura, it cannot be signed until the parties expressly refuse to make the certificate. [1]The notary checks the payment of future-approved contributions from comunidad and derramas [2]More detailed on the role of notary: escritura pública and notary; on the register: nota simple.

What if the neighbor doesn't pay?

Comunidad is entitled to collect contributions, derramas and fondo de reserva through a special procedure for comunidades de propietarios. sufficient certificado secretary with a presidential visa: it specifies the debt, its size, confirmation that the debt corresponds to libro de actas accounts and the claim for payment (Article 553-47) [1]B. Debt is subject to interest (article 553-4) [1].

What depends on the incident?

Specific payments, shares and restrictions are recorded in título de constitución and estatutos of your home. [1]We don't know how a particular house works, so before you deal, ask the administrator for a charter, a final budget, a protocol and a certificado on debt. Non-resident property purchases; assistance with documents relating to the transaction: documents and escorts.

Frequent issues

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The source is viewed on 02.10.2026 · NEXO · Drafting Draft · Sources do not replace individual legal advice.