Owning a Spanish Property - 2

 Owning a property in Spain is much different to owning a property in the UK. As well as Council Tax all owners/renters of property in Spain have to pay a community charge or fee. Some owners are loath to pay the Communities Fee, arguing they do not use the dwelling full time, or that they want to sell it or do not see why they should pay. This is not a valid excuse.

Under Spanish Law (The law of Horizontal Property) applies to all dwellings and premises, whether they are used or not, furnished or not, all owners must pay their part of the expenses for the maintenance and administration of the common elements. The Annual General Meeting of the owners decides the budget for the Community and how and when the money must be paid.

The law makes it easy for the ‘officers’ of the Community to take action against owners not paying their share of the common expenses. If the ‘Community officers’ have followed the law when it comes to the General Meeting, and specifically the decision to take legal action against the non-payers, a judge may, without delay, pass a decision to put a restraint (embargo) on the property, which will eventually lead to it be sold at public auction to recover the debts.

The community of property owners have to employ an Administrator. He will normally have a proper office with a secretary. He will look after all the legal aspects of running the community to make sure everything complies with the Law concerning Spanish properties, how they are divided, managed, and run. Commonly owned real estate in Spain is very closely governed by law, and his job is therefore pretty important. He will hold all the legal documents relating to the Constitution of the Community. He will also have the keys to all public and utility access points.

He is also legally responsible for the collection of the Community Charge. His obligation is defined under Spanish law to take bad payers to court to recover any outstanding amounts. This process is rapid and effective, and will leave the debtor with an extra bill for costs. So it is most important that Owners arrange to make these payments automatically on direct debit.