Paradise Marbella always do our best to make sure that our clients understand all requirements affecting them for their move to the Costa del Sol. It is often just a case of ticking a few boxes and acquiring the necessary paperwork to comply with local legislation and Spanish laws. We do what we can to make sure your move is hassle free and that you can easily find relevant services and assistance.
The Comunidad de Propietarios may not be something you’ve heard of before, but if you are buying or renting a Spanish property it may be something you’ll either be strongly involved with, or at least affected by. The Comunidad de Propietarios is also often called the ‘Comunidad de Vecinos’ and is a legally constituted committee. It translates to ‘Neighbourhood Committee’.
If you were to purchase a property on the Costa del Sol or find your ideal Property for sale in Marbella that happens to be covered by the Ley de Propiedad Horizontal, there will be an obligation for this Neighbour’s Committee, of which the members will have a regulated set of duties. This may sound a little scary, but there is no need to be alarmed. It actually only applies to properties which do not fall under the category of ‘self-contained’, so for example, if you are purchasing a Marbella villa of your own, then you won’t need to be too concerned with your neighbours.
The law will apply to you if your new property is part of a communal Spanish property divided between different owners. This generally means apartment blocks, urbanisations with external limits, and common areas (like a shared garage or swimming pool).If the property you are buying is new, you may want to consider being on the committee so that you have a fair say in decisions regarding the property. If the property you purchase is second-hand, you will want to find out about the set-up of the current neighbour’s committee.
Functions of the Comunidad de Propietarios
The main functions of the committee are to decide on the budget for community costs for the year ahead. This can mean monthly, bi-monthly or quarterly fees for maintenance and services. Once the budget is decided, each household will contribute an equal amount on a basis agreed by the committee, for the upkeep of the property.It also decides on community rules. The benefit of these rules is that the neighbours have agreed on acceptable standards in order to avoid arguments in the future. So this may cover things like guidelines for parking, pool rules, work on the structure or aesthetics of the building, cleaning, lifts, noise, security, pets, etc.
On the committee you will find a President, Vice president, and a Secretary. Then there will be four members (called ‘vocales’). The positions will be elected once every year by – and be made up of – the property owners, all of whom have a right to vote. Whether you are an international owner or a local, you will have the same right.
To become a member of the committee (especially if the property is not brand new) it may be wise to befriend some of your neighbours, and don’t be shy about putting yourself forward for a position on it. Ask if you can attend the meetings
Meetings held by the Neighbour’s Committee
An AGM will be held at least once per year, in which the President of the committee will be elected by vote or a lottery style selection. Therefore you personally could be elected as the community president.
Committee meetings can be held regularly, in order to ensure that decisions can be made in a timely manner. The committee must comply with two sets of rules: The statute ‘Estatuto de Comunidad’ and the Internal Agreement (‘Régimen Interno’), which is the decisions agreed by the community.
Whether you are renting or buying a property in Spain, ‘la comunidad’ could apply to you. It is necessary to check whether the costs for this have been paid up to date when you move in. The cost is transferable, which means that the previous owner or tenant may have already covered it. If not, there may be charges for property upkeep due when you move in.
Paradise Marbella can help you to find the perfect property for you because we have a lot of properties for sale in costa del sol, and of course help you to choose based on your preferences for involvement in such committees. After all, there are always legal requirements for buying properties abroad wherever you are going, and it is wise to have foresight and knowledge of what will apply to you so that your move can be made smooth, and there are no surprises!
Complying with local laws doesn’t have to be off-putting or daunting. It just requires a little research and awareness. We are keen to make sure that all of our clients understand their obligations and options ahead of property purchases. This way, all boxes are ticked and your life in Marbella – or anywhere on the Costa del Sol for that matter – really will be paradise!