In Spain, buying a property means far more than simply owning a home – it also means becoming part of a homeowners’ association. And it is precisely there that decisions can be made which have a significant impact on everyday life. In most cases, things run smoothly. But not always.
Spain Expat Press Editorial Team
In recent years, a growing number of cases have come to light in which community presidents and property managers work closely together, pushing individual owners to their limits. In some situations, it ultimately leads to residents selling their homes.
This is not merely about personal disputes. The issue runs deeper: Spanish law allows majority decisions that can have serious financial consequences for other property owners.
When the majority decides… and you cannot do anything about it
The Ley de Propiedad Horizontal governs how homeowners’ associations operate in Spain. Many key decisions – from expenditure to the hiring of services – are made through voting..
In practical terms, this means that, if there is a majority, the following can be approved:
Significant increases in community fees, substantial one-off charges and services with questionable costs. And in many cases, all of this is entirely legal.
For foreign property owners in particular, this can be difficult to understand: decisions that feel unfair are not necessarily unlawful.
Cases that raise serious concerns
Some examples illustrate how far this dynamic can go. In one residential complex in Estepona, a community president reportedly earned an annual salary of €95,000, while residents faced monthly fees of up to €1,000.
In another case in Bilbao, property managers are under investigation for allegedly misappropriating more than €60,000.
However, conflicts are not always about money. In some communities, tensions also arise from seemingly minor decisions – such as increasingly strict rules or symbolic changes that not all owners support.
One example: in parts of the Costa del Sol, residential complexes have “internationalised” their names, replacing Spanish names with English ones. While intended as a marketing strategy, this has caused frustration among some owners, who feel excluded from the decision or believe the original identity of the community is being lost.
Why it is so difficult to fight back
In theory, property owners do have rights. Decisions taken at meetings can be challenged if they are considered unfair or irregular.
In practice, however, this often involves high legal costs, lengthy proceedings and the obligation to continue paying fees while the case is ongoing.
As a result, many owners choose not to pursue legal action. For some, there is only one option left:
to sell.
An underestimated reality for buyers
Foreign buyers, in particular, tend to focus on location, price or rental potential – but rarely on the internal dynamics of the homeowners’ association.
Who makes the decisions? How stable are the costs? Are there ongoing conflicts or unusually high expenses?
These are questions that often only become relevant when it is already too late.
The problem is not the law – but how it is used
Most communities function well and without major issues. However, problematic cases highlight how quickly the balance can shift when power and control are concentrated in the hands of a few.
And at that point, what was once an investment can quickly become a burden.
For some, the story ends in the same way:
they sell… and leave.
