Living in a property in Spain that is part of a community, such as a bungalow, apartment or villa, has both advantages and obligations. It offers access to shared facilities and a well-organised environment, but also comes with community fees, rules and responsibilities. It is important to understand how these communities work before you buy this type of home, so that you are not faced with any surprises later on.
Access to communal facilities
When you live in a home that is part of a community, you have access to communal areas such as swimming pools, gardens and car parks, which are maintained jointly. These facilities make living comfortable and practical, but of course there are also costs involved. The community costs are usually calculated based on the size of your home and can vary depending on the type of facilities in the community, the location of the home and the total surface area of the complex.
Community costs
The costs you pay usually cover the maintenance of communal areas such as swimming pools and gardens, and costs for the operation of the building, such as lighting, security, minor repairs and cleaning. The insurance of the communal parts of the building is also included in these costs, but it is important to know that you are responsible for contents insurance.
Ask whether a reserve is also being built up from the community costs for future major maintenance or painting work. In some communities, the costs may also include the maintenance of luxury facilities such as sports facilities, wellness areas or security. It may even be the case that you can negotiate specific services, such as (holiday rental) management, for a fee.
Secure, luxury housing developments
There are also specially secured and gated housing developments aimed at a higher segment of the market. These are housing developments or even entire neighbourhoods with mostly luxury villas and apartment complexes. These types of housing developments often offer extra security, privacy and luxury facilities such as exclusive sports facilities, parks, golf courses and/or luxury wellness areas. In many cases there is a gate with a barrier and security at the gate or a 24/7 concierge for extra service. It is important to know that the community costs in such developments are often considerably higher.
Calculating community costs
Community costs are calculated in different ways. The biggest factor is the participation coefficient, which reflects the owner's share in the communal facilities, depending on the size and value of the home. This is recorded in the title deed. The location of the home within the community can also play a role in this. The more luxury facilities and services there are, the higher the costs will generally be. In some cases, these costs can vary from €75 to €200 (or more) per month, depending on the aforementioned factors.
Because community costs are determined during homeowners' meetings and can often only be adjusted with unanimous consent, it is important to fully understand how these costs are determined and what they pay for.
Debts of the previous owner or the housing complex
An important point when purchasing a home in a community is to check the financial situation of both the previous owner and the community itself. It is wise to request an official certificate from the complex's administration office showing the financial status, so that you can check whether all community costs have been paid. It is also important to investigate whether the community has sufficient reserves for future maintenance, such as painting or renovations. This will prevent you from facing unexpected costs after your purchase.
A lawyer can investigate and check these matters for you in detail. They can identify outstanding debts and give legal advice about possible consequences. By carefully checking (or having someone check) in advance, you can avoid unpleasant surprises.
Decision-making and rules in the community
In addition to the costs, as an owner you also have the right to participate in decisions about matters that concern the community. The community is a legal entity that is governed by statutes and regulations and can make decisions about matters such as whether or not to allow holiday rentals or changes to the general rules within the community. This usually happens during annual general meetings. It is therefore important to be present or to be represented by a fellow resident or other person you trust and who has authorisation to vote on your behalf. Otherwise you may be bound by decisions you do not support.
In addition, you are obliged to abide by the rules of the community, which can vary from the use of communal facilities to standards of behaviour within the community. It is therefore always a good idea to review the statutes of the owners' association and the latest meeting report before making a purchase.
Increased value and security
Living in a community offers various advantages that can increase the desirability of your home. Well-maintained communal areas contribute to the increase in value of your property. This is especially favourable for owners of holiday homes, who are not always present to take care of maintenance themselves.
The seclusion of the community also often offers a feeling of safety and security, which is appreciated by many residents. This is often a big advantage for families with children, because it is easier for parents to keep an eye on their children while they play in the communal gardens or the pool. It is also often easy to make contact with your fellow residents. All these aspects not only make living in a community comfortable and safe, but also contribute to a pleasant social environment and a potentially good investment.
NB. In some complexes, a lifeguard is even appointed during the summer months for the safety of residents or guests.
Is holiday rental allowed?
When purchasing a home in a complex, the possibility of holiday rentals is a frequently asked question. Two crucial factors play a role in this:
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- Municipal policy:
Firstly, it is essential for you to check whether the municipality allows tourist rentals in the neighbourhood in question. Check whether holiday rental permits are still being issued or whether there may be a temporary stop on their issuance. This forms the basis for the possibility of renting out. - Policy of the Owners' Association:
The position of the Homeowners' Association (VvE) is also very important. Even if the municipality allows holiday rentals, the VvE can apply stricter rules.
- Municipal policy:
In other words, if you are planning to offer your home for holiday rental, it is important to check whether this is permitted by the municipality and also by the community. In some complexes, especially those with many permanent residents, the Homeowners' Association (HOA) may restrict or even completely prohibit holiday rentals. The rules can vary from restrictions during certain periods to higher community costs for landlords. That is why it is crucial to investigate (or have someone investigate) whether holiday rentals are allowed and under what conditions before purchasing.
And what about pets?
If you have a pet or are considering getting one, it is good to know what the rules are in Spain. In principle, an Owners' Association (VvE) cannot prohibit you from keeping a pet in your private home. This is laid down in Article 9 of the Horizontal Property Act, which states that the powers of an HOA are limited to the common areas.
Nevertheless, it is important that you take into account the specific rules of the HOA of which your home is a member. Each community has its own internal regulations, which can range from allowing pets completely to imposing certain restrictions in communal areas. For example, the owners' association can decide that pets are not allowed to use the lift or have access to communal gardens and swimming pools. Such restrictions must be approved by the owners‘ meeting and be recorded in the statutes. Some owners’ associations even prohibit pets in the community, even if this is not permitted by law. If this is the case, you can only challenge this decision in court. You have to ask yourself if you want this.
If it is important to you to bring your pet(s) with you, it is wise to carefully read through the community rules before you buy a home. This will help you avoid possible legal or personal conflicts and disappointments in the future. So always ask about the internal regulations and the statutes of the VvE (owners' association) during your search for a home in Spain.
Conclusion
Living in a Spanish community offers numerous advantages, such as well-maintained facilities, safety and an organised living environment. However, it is important to be aware of the obligations that come with it, such as paying community fees and abiding by community rules. Whether you buy a home in a standard or secure urbanisation, it is essential to fully understand the financial situation of the community and the specific rules beforehand.
Once you are well informed, you can make an informed decision and enjoy living in Spain without any unexpected surprises.
