Spanish residential property law regulates a wide range of rights, obligations and prohibitions. Individual rights, such as voting rights, may be temporarily suspended if certain obligations are not fulfilled (payment of contributions to communal expenses, participation in the reserve fund). In addition to this standardised relationship of dependency in this specific case, the generally known interplay of rights and obligations also applies. The residents of the property have a duty to show consideration for one another, which is why individual rights can only be exercised if everyone actually fulfils their obligations.

In addition to the Spanish Condominium Act, the relevant house rules and community regulations must also be observed. These may extend or specify the legal requirements or, in the case of community regulations, even restrict them.

The ‘Practical Handbook on Residential Property Law in Spain’ devotes a separate chapter to this area. Among other things, it contains a section dealing with the most frequently asked questions and answers.

Here is an overview of the questions contained and answered in the handbook. The book is available in well-stocked bookshops or can be ordered worldwide via Amazon and other online bookshops.

Question 172: Does the purchase of a property by means of a notarised deed that does not contain a certificate of indebtedness or exemption from the obligation to provide proof of solvency have any influence on the validity of the legal transaction?

Question 173: Can the acquisition of a property by means of a notarial deed which does not contain a certificate of indebtedness or exemption from the obligation to provide proof of assets be entered in the land register if there are no other defects?

Question 174: Is the certifying notary liable to the purchaser if he fails to fulfil his obligation to include the certificate of indebtedness or the purchaser’s waiver in accordance with Article 9.1.e).4 LPH?

Question 175: What happens if the purchaser releases the transferring owner from his obligation to provide a certificate of indebtedness because the latter declares that there are no debts, but it later transpires that there are outstanding payments?

Question 176: Does an owner also have to contribute to the costs of such communal facilities that he does not use?

Question 177: What typical examples illustrate the obligation of the owner to bear a proportionate share of the operating costs despite non-use?

Question 178: Are there also cases in which an owner does not have to contribute to certain operating costs due to non-use of the corresponding facilities, even though neither the declaration of division nor the community rules contain any special provisions?

Question 179: Do the operating costs of a common element have to be borne by all owners even if there is a person with special rights of use?

Question 180: How are the legal costs distributed in the event of legal disputes between the community and individual owners, i.e. who bears the costs of the legal dispute in which cases?

Question 181: If a separately owned element has several owners – for example, a married couple, a community of heirs, etc. – which co-owner is then obliged to pay the contributions and, if applicable, to what extent?

Question 182: What is the situation in cases where a right of usufruct exists? Who is responsible for bearing the costs?

Question 183: What happens if a married couple lives separately or has already divorced? In such a case, who pays the contributions to the joint expenses for the condominium?

Question 184: Can the owner as landlord and his tenant agree that the latter will pay the contributions to the community expenses? Can the community demand payment directly from the tenant on the basis of such an agreement?

Question 185: After what period of time do the community’s claims against an owner for contributions owed to the community expenses become time-barred?

Question 186: Can the owners’ meeting demand penalties in the form of surcharges for unpaid contributions to the community expenses?

Question 187: Can the community also impose penalties on defaulting debtors that are not financial but of a practical nature, such as prohibiting them from using certain community facilities?

Question 188: How is non-payment of contributions to the reserve fund classified in legal terms? Does the same apply as for unpaid community contributions?

Question 189: What happens if ordinary expenses are paid from the reserve fund?

Question 190: Can the creditors of the owners’ association (e.g. the caretaker, property manager or tradesmen) enforce their claims against the reserve fund?

Question 191: If a separately owned element is transferred, must its share of the reserve fund be paid out to the previous owner?

Question 192: Can the owners’ meeting decide to increase the reserve fund beyond the 5% of the last budget provided for by law?

Question 193: Can the owners’ meeting link the extent of each owner’s participation in the reserve fund to criteria other than the participation ratio?

Question 194: Is the owner liable under Article 9.1.g.) LPH also liable for the conduct of his tenants or other users?

Question 195: Does the liability under Article 9.1.g.) LPH also apply if the injured parties are not owners but, for example, tenants or usufructuaries?

Question 196: How can the owner’s delivery address be communicated to the secretary in such a way that proof of this is possible (as required by Article 9.1.h.) LPH)?

Question 197: Does the delivery address have to be in Spain?

Question 198: Is it sufficient for effective delivery to place the document in the letterbox?

Question 199: Is delivery deemed to have been effectively carried out if it is made to a resident who is not the owner in the special property element?

Question 200: If no separate delivery address has been provided but the separately owned property is a parking space, can delivery be made there?

Question 201: What is meant by general installations within the meaning of Article 9.1.a.) LPH?

Question 202: Can communal pipes become separate property from a certain point onwards?

Question 203: How is the amount of compensation for repairs and easements calculated?

Question 204: Can the occupant of the separately owned property who is not the owner also claim damages under Article 9.1.c.) LPH?

Question 205: How should a change in the location of an existing communal installation for which an easement has already been established be assessed? Does the relocation create a new easement?

Question 206: Is the user or occupant of the separately owned element (e.g. tenant) also obliged to grant access?

Question 207: If no payment deadlines have been agreed for community contributions, when is the owner in default?

Question 208: What are typical examples of disruptive activities?

Question 209: In which cases has case law not classified an activity as disruptive?

Question 210: Examples of activities that are harmful to health.

Question 211: What are examples of illegal activities prohibited by Article 7.2 LPH?

Question 212: Can immoral activities also be prohibited?

Question 213: Can the community prohibit the rental of flats or parking spaces?

Question 214: Can certain acts or activities within the elements of individual ownership also be prohibited by the internal rules (Reglamento de Régimen Interior)?

Question 215: Can the right to demand the cessation of an action/activity become time-barred?

Question 216: Can the president refuse to demand that a troublemaker cease their activities?

Question 217: Can an owner arbitrarily convert an apartment into an office?

Question 218: Can an owner arbitrarily convert his business premises into an apartment?

Question 219: Can a garage or basement or storage room be converted into an apartment?

Question 220: What happens if the disruptive activities are not carried out by an owner but by a tenant? Who should be sued in such a case?

Question 221: If the prohibited activity is carried out by a resident or user who is not the owner, to whom must the president address the request to cease and desist?

Question 222: What happens if, following an amendment, the articles of association prohibit a certain activity, but an owner or tenant has already carried out this prohibited activity before the amendment to the articles of association?