Community of Owners in Spain: Special Assessments and Approvals

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Living in a community of owners in Spain offers great advantages, but it also entails shared responsibilities that often generate doubts and neighborhood conflicts. Among all the topics discussed at homeowners' meetings, derramas (special assessments) are, without a doubt, the issue that raises the most suspicion and debate due to its direct impact on the pockets of property owners. Understanding exactly what these extraordinary contributions are, how they are legally approved, and who must pay them—especially if tenants are involved—is essential to guarantee peaceful coexistence and avoid legal problems.

What is a derrama and what is its legal framework?

A derrama (special assessment) is an extraordinary and one-off payment that owners of homes and commercial premises in a building must face to cover expenses that are not covered by the community's ordinary budget. Unlike ordinary fees (intended for electricity, cleaning, or routine maintenance), derramas are destined for repair, conservation, accessibility, or improvement works on the property.

The regulatory framework governing derramas in Spain is mainly based on Ley 49/1960, de 21 de julio, de Propiedad Horizontal (LPH) (Horizontal Property Act). Although the Spanish Civil Code regulates co-ownership in its articles 396 and following, the LPH is the specific regulation that details the functioning of communities of neighbors. Likewise, when the property is rented, the Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos (LAU) (Urban Leasing Act) comes into play to determine who is responsible for assuming this cost.

According to Article 9.1.e) of the LPH, it is the obligation of each owner to contribute, in accordance with their participation quota (coefficient), to the general expenses for the adequate maintenance of the property. Derramas fall within this category of indispensable financial obligations for the safety, habitability, and accessibility of the building.

Types of derramas: Mandatory vs. Non-necessary improvements

Not all derramas are equal, nor do they require the same level of consensus to be approved. Spanish legislation clearly distinguishes between works necessary for the maintenance of the building and those that are merely for aesthetic improvement or recreation.

1. Derramas for necessary works and accessibility (Mandatory)

According to Article 10.1 of the LPH, the community is obliged to carry out the works necessary for the adequate maintenance and conservation of the property and its common services. This includes the work necessary to guarantee the safety, watertightness, and habitability of the building.

Within this group, the following stand out:

• Urgent repairs: Repairing facades with falling debris, repairing downpipes, structural dampness, or replacing broken communal boilers.
• Universal accessibility: Installation of ramps, stairlifts, or elevators when requested by owners in whose home people with disabilities or those over 70 years of age live, work, or provide voluntary services. In this case, the annual amount passed on (deducting subsidies) cannot exceed 12 ordinary monthly installments of common expenses for it to be mandatory, although if it exceeds this, the rest can be assumed by those who requested it or approved by a majority.

2. Derramas for non-necessary improvements (Voluntary or luxury)

Regulated in Article 17.4 of the LPH, these are improvement works that are not required for the conservation, habitability, or safety of the building (for example, painting the entrance hall in a trendy color, installing non-urgent security cameras, or building a swimming pool).

If the cost of these improvements exceeds the amount of 3 ordinary monthly installments of common expenses, any owner who dissents from the decision is not obliged to pay the derrama, nor will their quota be modified, even if they cannot be deprived of the improvement or advantage (except in specific cases where it is physically impossible to separate the use, in which case special rules apply).

How is a derrama approved? Practical step-by-step procedures

For a derrama to be legally enforceable on owners, the community must follow a strict procedure. Any defect in form in the calling of the meeting or in the meeting itself can be grounds for judicial challenge by dissenting owners.

Below are the practical steps that the community administration must follow:

Step 1: Calling of the Junta de Propietarios (Homeowners' Meeting)

The president or the administrador de fincas (property manager) must call a Junta de Propietarios (either Ordinary or Extraordinary). The agenda must clearly specify that the approval of the work and the budget for the derrama will be discussed. It is not legal to approve a derrama under the catch-all category of "Any other business" (Ruegos y preguntas).

Step 2: Presentation of quotes

During the meeting, different quotes must be presented (a minimum of 3 quotes from different companies is recommended for large-scale works) so that neighbors can compare prices, quality, and execution deadlines.

Step 3: Voting and required majorities

Depending on the type of work, the LPH requires different majorities:

• Unanimity (100% of owners and quotas): To modify the statutes or alter the essential structure of the building.
• Simple majority (three-fifths of owners and quotas - 60%): For the establishment or suppression of porter, concierge, or security services.
• Simple majority (half plus one of owners and quotas - 51%): For works of habitability, conservation, or the installation of an elevator (when considered a mandatory accessibility work under Article 10.1.b or by ordinary agreement).
• One-third of the owners (33.3%): For the installation of common telecommunications infrastructures or solar energy utilization systems.

Step 4: Drafting of the minutes and notification

Once the derrama is approved, the secretary of the meeting must draft the minutes (acta) detailing the agreement, the chosen quote, the total amount of the derrama, the distribution system (usually by participation coefficient), and the payment schedule (for example, 6 monthly installments of 50 €). The minutes must be sent to all owners within a maximum period of 10 calendar days.

Owners vs. Tenants: Who must pay the derrama?

This is one of the most recurring queries in the area of renting and housing. The general rule is clear and decisive: *the party obliged to pay the derramas to the community of owners is always the property owner (the landlord)*, never the tenant.

Article 20 of the Ley de Arrendamientos Urbanos (LAU) establishes that the parties can agree that the general expenses for the adequate maintenance of the property are to be paid by the tenant. However, for this to be valid, the rental contract must be in writing, specify the annual amount of said expenses at the date of the contract, and refer only to ordinary expenses.

Extraordinary derramas (such as repairing a facade or changing an elevator) increase the equity value of the property and correspond to the ownership. Therefore, they cannot be passed on to the tenant arbitrarily mid-contract.

Practical examples of calculating and distributing derramas

To better understand how these rules apply in real life, we analyze two common scenarios:

Example 1: Facade repair (Necessary work)

Let's imagine a community of 10 neighbors where the building has falling debris from the facade. The total cost of the repair amounts to 12,000 €.

• Approval: Being a conservation work necessary for the safety of the building (Art. 10.1 LPH), it does not require a vote to approve the obligation to do it (it is mandatory by law), but the budget is voted on. The budget of the company "Reformas Express" is approved by a simple majority.
• Distribution: It is not divided equally (unless the statutes say otherwise). It is distributed by participation coefficient.
• Carlos's case: Carlos owns a penthouse that has a coefficient of 12%. His ground-floor neighbor, Luis, has a coefficient of 8%.
• Carlos will have to pay: 12,000 € x 12% = 1,440 €.
• Luis will have to pay: 12,000 € x 8% = 960 €.
• Both are obliged to pay because it is a safety and conservation work.

Example 2: Owner with a rented property

María has rented an apartment to Juan for 900 € per month. The lease agreement is governed by the current LAU. The community approves a derrama of 1,500 € for the installation of a video surveillance system in the entrance hall (an improvement work not necessary for habitability).

• Who pays the community? María (the owner) must pay the 1,500 € to the community. If she does not, the community will sue her, not Juan.
• *Can María demand that Juan pay the derrama? No. As it is an extraordinary derrama* for improvement, Juan (the tenant) is exempt from this payment. María must assume the full cost as an investment in her property.

Mistakes you should avoid

Making mistakes in the management, approval, or non-payment of a derrama can lead to serious financial and legal consequences. Avoid the following errors:

• *Stopping payment of a derrama due to disagreement: If you consider a derrama to be illegal or unfair, never stop paying it unilaterally. Non-payment will turn you into a defaulting owner (propietario moroso), losing your right to vote at meetings and exposing you to a payment order procedure (proceso monitorio) to claim the debt under the Ley de Enjuiciamiento Civil* (Civil Procedure Act - LEC). The correct procedure is to pay "under protest" and legally challenge the agreement of the meeting within the deadlines set by Article 18 of the LPH (generally 3 months for agreements contrary to the law or statutes, or 1 year for acts gravely prejudicial).
• *Approving derramas in the "Any other business" section: Any financial derrama* must explicitly appear on the agenda of the meeting call. If it is approved outside of this agenda, the agreement is null and void and easily challengeable by any absent or dissenting neighbor.
• Not checking for debts when buying a property: When buying an apartment in Spain, the buyer also acquires the obligation to answer for the debts of the current year and the 3 previous calendar years (Article 9.1.e of the LPH). If there are derramas approved before the purchase but which fall due after, the new owner must assume them, unless otherwise agreed with the seller. Always demand the certificado de estar al corriente de pago con la comunidad (certificate of being up to date with community payments) before signing before a notary.

Frequently Asked Questions (FAQ)

What happens if an owner refuses to pay an approved derrama?

If the derrama has been approved in accordance with the law and the required majorities, its payment is mandatory. If an owner refuses to pay, the community of owners can initiate a proceso monitorio (payment order procedure, regulated in the LEC) to claim the debt quickly. In addition, the defaulting owner will lose their right to vote at homeowners' meetings until they are up to date with payments.

Is there a money limit for mandatory derramas?

There is no absolute economic limit for conservation and safety works on the building; if the roof is falling down, it must be fixed whatever it costs. However, for accessibility works (such as installing an elevator or ramp), the limit for it to be mandatory without the need for a majority vote is that the annual cost passed on does not exceed 12 ordinary monthly installments of common expenses.

Can a commercial premises refuse to pay a derrama for the elevator or the entrance hall?

As a general rule, owners of commercial premises are obliged to contribute to all common expenses according to their participation coefficient. They will only be exempt from paying derramas for common elements (such as the elevator or cleaning of the entrance hall) if the Statutes of the Community of Owners contain an express exemption clause for said premises.

Can the payment of a derrama be postponed or split into installments?

Yes, but the installment plan must be approved by the homeowners' meeting when establishing the payment plan for the derrama. If a neighbor is going through particular financial difficulties, they can request an individual postponement from the president or administrator, but granting it will depend on the will and agreement of the homeowners' meeting.

In summary

• Derramas are extraordinary contributions to cover expenses that fall outside the ordinary budget of the community of owners.
• The Ley de Propiedad Horizontal (LPH) distinguishes between mandatory derramas (conservation, safety, and accessibility) and derramas for non-necessary improvements (voluntary).
• For a derrama to be legally enforceable, it must be approved in a Junta de Propietarios, appear on the agenda, and reach the majorities required by the LPH.
• The owner (landlord) is always legally responsible for paying the derramas to the community, never the tenant.
• Non-payment of a legally approved derrama empowers the community to initiate a proceso monitorio (judicial debt collection claim) against the defaulting owner.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.