35 · The Owners' Association in Mallorca: A Practical Guide to the Comunidad de Propietarios
*Buying an apartment on the island always means two things at once: your own four walls — and membership in an already-running community that you no longer get to choose. What this chapter is about: how Spanish condominium law (Ley de Propiedad Horizontal, "Horizontal Property Act") works when you read it from the buyer's point of view. In other words — who sits at the table and votes, what threshold a resolution has to clear, why money gets set aside in the first place, what happens when neighbours won't pay, and at which points the purchase saddles you with a real, tangible financial risk.*
Key: ✅ confirmed/statutory text · 🟡 detail to verify · 🔴 uncertain. Basis: Ley 49/1960 (LPH), amended among others by Ley 8/2013, Ley 10/2022 and the reform of Art. 17.12 effective 3.4.2025.
The quick check before you sign ✅#
Before we get into the detail, here are the five points we run past every buyer — everything else in this chapter just explains the *why* behind them:
1. certificado de deudas (certificate of community debts, Art. 9.1.e) — mandatory at the notary stage; but be careful, because derramas (special levies) that are not yet due can simply be missing from it. 2. Read the actas (minutes) of the most recent meetings — they reveal what renovations or disputes are on the horizon. 3. Check the estatutos (bylaws) for an ETV (holiday-rental licence) ban or other use restrictions. 4. Go through the budget and the reserve fund. 5. Keep afección real (the property's own statutory lien for community debts) in mind ("3+1").
What lies behind the term "Comunidad"#
You don't have to *found* a comunidad de propietarios (owners' association) — it exists automatically the moment the título constitutivo (deed of constitution) is in place, by operation of law (ex lege). It comes with a form of limited legal capacity: it can appear in court and runs its own accounts complete with a NIF (tax ID) 🟡.
The crucial thing is to keep two worlds apart:
elementos comunes(common elements) — what belongs to everyone jointly: foundation, façade,
roof, stairwell, lift, pool, garden.
elementos privativos(private elements) — what belongs to you alone: your apartment.
On the typical island developments, the pool, garden and access road usually fall into the first category. The consequence for your wallet: every levy for the upkeep or refurbishment of these areas is billed to you too, in proportion to your share.
The distribution key for this comes from the cuota de participación (participation quota, Art. 5) — your share of co-ownership. This single figure determines two things: what costs you bear and how much your vote weighs in the assembly. As a matter of principle, the quota can only be shifted by unanimity (→ 17).
Resolutions: which threshold applies to what (Art. 17 LPH) ✅#
This is the heart of it. Depending on the subject, the law demands a different bar:
| Majority | Cases |
|---|---|
| Unanimity | Change to título/estatutos, cuota |
| 3/5 (heads + quotas) | Lift, concierge, surveillance; ETV ban/restriction (Art. 17.12) |
| 1/3 | Telecommunications, renewable energy |
| simple majority | everything else + normas de régimen interno (internal-regime rules) |
🟡 For qualified majorities, the vote of an absent owner counts as a yes if they do not object within 30 days.
Who's in charge — and how a meeting runs#
The community is led by the presidente (president), chosen by the owners from their own ranks; the post cannot be declined and runs for roughly ~1 year. Alongside come the secretario (secretary) and the administrador de fincas (property administrator, Art. 20). The latter is not required to belong to a professional chamber — though a colegiado (chamber-registered administrator) does carry professional liability insurance 🟡.
On the meeting rhythm:
- The
junta ordinaria(ordinary general meeting) is held at least once a year and takes up
the budget and the accounts.
- An
extraordinaria(extraordinary meeting) is convened as and when a particular matter arises. - Notice is given with a lead time of ≥ 6 days; and just 25 % of the owners or quotas is
enough to force a meeting to be called.
On the quorum the law draws a sharp line: at the 1st call the majority of owners plus quotas counts — and if you fall short of it, the 2nd call decides without a quorum, i.e. simply whoever is present. Everything is recorded in the acta (minutes), which within 5 days (Art. 19) must go into the libro de actas (minute book).
What it costs — and what money is set aside for (Art. 9) ✅#
The ongoing gastos de comunidad (community charges) follow the cuota. On top of that, a fondo de reserva (reserve fund) is mandatory, and it must amount to ≥ 10 % of the budget; the threshold originally sat at 5 %, and Ley 10/2022 raised it. This reserve may also be drawn on for energy efficiency and accessibility works.
It gets trickier with the derrama — the special levy, e.g. for the façade or the pool. 🟡 This is exactly where a point of direct relevance to your purchase lurks: a derrama that has already been resolved but is not yet due is often NOT shown in the debt certificate. That makes it one of the biggest traps of all — a costly refurbishment can be a done deal while the certificate mentions nothing of it.
When neighbours don't pay (morosos)#
Existing overdue debts to the community cost the right to vote (Art. 15.2): speaking is still allowed, but voting is not — provided the list of defaulters was included in the notice. ✅ Collection runs through the monitorio especial (special order-for-payment procedure, Art. 21).
For you as a buyer, the afección real (Art. 9.1.e) is the truly important part: it is not merely the previous owner but the property itself that stands liable for the community debts of the current year + the 3 preceding years ("3+1"). The debt, in other words, sticks to the property (→ 05).
Building works: necessary repairs and accessibility (Art. 10)#
Not everything is left to the assembly to vote on:
obras necesarias(necessary works) — the moment structural integrity, habitability or safety
is at stake, they are mandatory without a resolution.
- Accessibility becomes obligatory on request where people with a **disability or over 70
years of age live there and the annual levy does not exceed 12 monthly instalments** (or where subsidies of ≥ 75 % are added). ✅
Estatutos or house rules — why rank makes the difference ✅#
At first glance the two sets of rules look similar, but they sit on completely different levels:
estatutos | normas de régimen interno | |
|---|---|---|
| Amendment | Unanimity | simple majority |
| Land Registry | registrable (binds buyer) | not registrable |
Only estatutos recorded in the Land Registry (e.g. an ETV ban) automatically bind the buyer.
Challenging resolutions (Art. 18) — and the question of holiday letting#
If you want to overturn a resolution, the law gives you little time:
- 3 months for challengeable resolutions,
- 1 year for a breach of the law or the bylaws,
- no deadline for void resolutions.
These are cut-off periods (caducidad, lapse/forfeiture deadlines).
Of particular weight for anyone who wants to let out: an ETV within the community can be banned by a 3/5 majority — this is the line set out in STS 1232 & 1233/2024 ✅ (→ 11). From 3.4.2025 onwards, tourist use additionally requires the express consent of the community. And the Balearic Contención decree (16.4.2025) allows no new ETV at all in plurifamiliar (multi-family) buildings 🟡.
❓ FAQ#
Does an ETV ban in the community need unanimity? No — a 3/5 majority is enough (STS 1232/2024).
How large is the mandatory reserve? At least 10 % of the last ordinary budget (since Ley 10/2022).
Am I liable for the previous owner's debts? The property stands liable through the afección real for the current year + the 3 preceding years — which is why you should always demand the debt certificate.
Sources (selection)#
- Ley 49/1960 (LPH), Art. 5/9/10/13/15/16/17/18/20/21 · Ley 10/2022 (reserve 10 %)
- STS 1232 & 1233/2024 (Art. 17.12) → Ch. 23 · idealista/Sepín/Iberley (procedure)