Most expats think municipal government matters most. Wrong. Your comunidad de propietarios — homeowners' association — controls infrastructure decisions that hit your wallet directly.

You've read the property listing. Three bedrooms. Sea view. Community pool. €180/month fees.

That €180 funds security, gardening, pool maintenance, lift repairs, and building insurance. It also funds—or should fund—a reserve for the day the lift motor fails at €15,000, the communal pipes burst at €8,000, or the façade needs repainting at €40,000.

Spanish law is clear. The Ley de Propiedad Horizontal — Horizontal Property Law — requires every community to maintain a fondo de reserva — reserve fund — of at least 10% of the annual ordinary budget. This was raised from 5% in 2019, with communities given until 2022 to comply.

A community with an annual budget of € 100,000 should hold a minimum of €10,000 in reserve. Many don't.

Community fees across the Costa del Sol vary by location, amenities, and financial discipline:

Western zone (Marbella, Estepona, Benahavís) Coastal developments with pools, security, and gardens: €150-400/month. Premium Marbella locations with 24-hour security and extensive amenities: €300+/month. These communities tend to have professional administrators, funded reserves, and predictable budgets.

Central corridor (Málaga city to Benalmádena) Standard apartments: €100-250/month. Adequate maintenance, but systems are under load. Reserve compliance is mixed—some disciplined, some hand-to-mouth.

Eastern zone and inland (Nerja, Axarquía) Basic apartments with minimal amenities: €30-100/month. Lower fees sound attractive until the lift needs to be replaced. With €1,200/year in total revenue per unit, there's no margin for €15,000 emergencies.

The €220/month gap between a Marbella beachfront complex and a Nerja apartment block isn't just about amenities. It's capitalization. One has reserves; one has hope.

When reserves don't cover an emergency repair, communities levy a derrama — special assessment.

The Local Spain calls the derrama "the most hated thing in the Spanish community setting." With good reason. You're moving into your new flat, congratulating yourself on the low fees, and then a letter arrives: €3,000 due in 90 days for the lift motor. Or €5,000 for the roof. Or €8,000 for the façade.

Derramas are often structured as quarterly payments—€300 extra per quarter for two years—but they arrive without warning and can exceed the annual fee total.

How common are they? Communities with underfunded reserves eventually face this. Older buildings with deferred maintenance accelerate the timeline. The pattern in eastern zone communities: lower fees, lower reserves, higher emergency levy frequency.

Every comunidad de propietarios maintains actas — meeting minutes — documenting budget approvals, reserve fund status, and pending repairs.

Before buying, your lawyer should request:

Spanish law makes you liable for the unpaid community fees of the previous owner. The certificado de deuda protects you—but only if you ask for it.

Morosos — non-paying owners — are documented as a recurring problem in Costa del Sol communities, particularly in Málaga, Benalmádena, and Marbella.

When owners don't pay, communities can't maintain services. Legal firm Tecem Abogados notes that unpaid fees "can put at risk the economy of the community and make essential services difficult—maintenance, cleaning, or security."

Communities can pursue unpaid fees through the courts, but the process takes 6-18 months, and accumulated debt weakens the community's financial position in the interim.

One or two morosos in a 50-unit building is manageable. Five in a 20-unit building with tight margins? That's a crisis that shows up in deferred maintenance and surprise assessments.

When evaluating a property, ask:

On the community's financial health:

On pending liabilities:

A €200/month fee with 12-month reserves and zero morosos is cheaper than a €100/month fee with no reserves and three pending repair votes.

Two questions worth asking your lawyer before signing:

"¿Cuál es el saldo actual del fondo de reserva?" — What is the current reserve fund balance?

"¿Ha habido alguna derrama en los últimos cinco años?" — Have there been any special assessments in the last five years?

The answers tell you whether you're buying into a community that's been capitalized or funding deferred maintenance with your deposit.

Your municipality sets zoning and collects IBI — property tax. Your comunidad sets everything that affects daily life: pool hours, parking rules, noise policies, building maintenance, and the emergency levy that lands in your mailbox six months after you move in.

Two properties. Same square footage. Same view. One has €300/month fees with funded reserves and professional management. The other has €100/month fees with a €5,000 derrama approved but not yet collected.

The second one isn't cheaper. It just hasn't sent you the bill yet.

Tell us the name of the urbanization or building, and we'll pull the publicly available actas from the property registry to show what's been voted on recently. Hit reply with COMUNIDAD + [your building/urbanization name].

See you on the paseo — A. and the sans monthly fees Waypoint Sur team

With Waypoint Sur, you can always expect plain-English guidance to land, settle, and thrive on the Costa del Sol—work, schools, healthcare, visas, taxes, home, and daily life.  
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