Community of owners lawyers in Málaga and on the Costa del Sol
We represent communities of owners and individual owners in disputes with the property manager (administrador de fincas), challenges to owners’ meeting decisions, unpaid community fees, special levies and unauthorised works. From Málaga city to Marbella, Estepona and Manilva.
- Free first consultation and review of minutes, bylaws and accounts
- For presidents, community boards and individual owners
- We work in English, Spanish, French, Italian, Arabic and Portuguese
Tell us about your case
We will call you back to assess your matter, with no obligation.
Lawyers for communities of owners and for individual owners
A community of owners works well until it doesn’t: an owner who stops paying, a meeting that approves something it shouldn’t, a property manager who will not account for the money. At Rojano Vera Abogados we have been resolving these disputes under the Ley de Propiedad Horizontal for more than 20 years, first by negotiation and, when necessary, in court. It is one of the areas of our real estate law team.
Presidents, boards and property managers
We advise the community as our client, on a one-off or ongoing basis:
- Recovery of unpaid fees and special levies from defaulting owners.
- Review of the property manager’s management and accounts and, where appropriate, dismissal or a liability claim.
- Action against unauthorised works, nuisance activities or misuse of common areas.
- Bylaws, internal rules and decisions on holiday lets.
When your dispute is with your own community
We defend owners whose rights have been infringed:
- Challenges to unlawful, abusive or improperly adopted meeting decisions.
- Disproportionate or unfairly shared special levies.
- Access to minutes, accounts and documents the community or manager will not provide.
- Damage caused by common elements and disputes with the president or other neighbours.
Problems with your property manager?
The property manager (administrador de fincas) handles the money and paperwork of every owner. So when they stop giving explanations, the community is entitled to demand them. The law requires the manager to keep the community’s documents available to the owners, and allows the owners’ meeting to dismiss the manager at any time, even before their term ends.
These are the situations we are most often asked about:
- Documents are not handed over: minutes, contracts, invoices or bank statements.
- Accounts are not presented, or are presented without supporting documents.
- There are movements in the community’s account nobody can explain.
- The manager refuses to call a meeting or carry out what was agreed.
- Documents are withheld after the manager is dismissed or replaced.
- There are suspicions that community funds have been misused or misappropriated.
How we act against the property manager
- We review what there is. Minutes, budgets, approved accounts and bank movements, to see what is missing and what does not add up.
- Formal demand. A burofax requiring the documents and a full account within a set deadline.
- Extraordinary meeting. We help you call it to audit the accounts, dismiss the manager and appoint a new one with an orderly handover.
- Court action. A civil liability claim for the losses caused and, if there are signs of misappropriation, a criminal complaint.
Community of owners disputes we resolve
Each problem has its own procedure and deadlines. These are the most common issues in Costa del Sol communities.
Challenging owners’ meeting decisions
Decisions that breach the law or the bylaws, that seriously harm the community for the benefit of a few, or that seriously harm an owner who has no duty to bear it can be challenged.
The deadline is three months from the meeting, or one year if the decision breaches the law or the bylaws. You must have voted against (and had it recorded), been absent or been deprived of your vote, and be up to date with payments.
Recovering unpaid community fees
The law provides a specific fast-track payment procedure for communities: all that is needed is the meeting’s approval of the debt, certified and notified to the defaulting owner.
The property secures the fees for the current year and the previous three, even if it is sold, and a precautionary attachment can be requested where there is a risk of non-payment.
Special levies (derramas)
We claim approved levies from owners who do not pay and, when we act for an owner, we check whether the levy was approved with the required majority and whether it is shared according to the participation quotas or the bylaws.
Unauthorised works and common elements
Terrace enclosures, changes to the façade, occupation of common areas or installations on the roof without the meeting’s consent. We ask for the works to be stopped, restored to their original state and for damages.
Noise, nuisance and neighbour disputes
When an owner or tenant carries out annoying, unhealthy or prohibited activities, the community can bring a cessation action. The court can order the activity to stop and even bar the use of the property for up to three years.
Holiday lets in the building
The meeting can restrict or condition holiday lets by a three-fifths majority. Since April 2025, opening a new holiday let in the building also requires the community’s prior, express approval. We advise both communities and owners.
Audit of the accounts and use of funds
We review the approved accounts, the reserve fund and bank movements when there are doubts about how the community’s money has been spent, and propose the appropriate measures to the meeting.
Problems with the community president
Presidents who do not call meetings, act without the meeting’s approval or block access to documents. We explain what you can demand and how to call a meeting if the president will not.
Communities without a manager and ongoing advice
If the community has no property manager, the president takes on those duties. We give them the legal support they need: notices of meetings, minutes, bylaws, internal rules and support at difficult meetings.
From the first consultation to the solution
Free consultation
You tell us the problem and we review minutes, bylaws, accounts and correspondence to assess your position.
Strategy and quote
We explain the options, the timescales and what each route may cost before we start.
Negotiation
Formal demands, burofax and negotiation with the other side or at the meeting itself, where there is room to avoid court.
Court proceedings
Payment claims, challenges, cessation actions or liability claims, followed through to the end.
Communities of owners from Málaga to Manilva
Much of our community work is in the developments and buildings of the western Costa del Sol: complexes with shared gardens and pools, many non-resident owners and holiday lets. These are communities where disputes with the property manager, special levies and holiday rentals come up again and again.
In blue, the towns where we have an office: Málaga Centro, Teatinos, Benalmádena and Fuengirola-Mijas. We serve communities in Marbella, Estepona, Casares and Manilva from these offices and by video call.
Owners living abroad
Many owners in Marbella, Estepona, Manilva and La Duquesa live outside Spain. We can review documents you send us, explain the minutes and decisions in English, help you appoint a proxy for meetings and represent you in court, all without you having to travel.
Guides for each town on the Costa del Sol
Each page explains the typical community disputes, the local court and how we serve that area.
Common questions about communities of owners in Spain
How can I report a property manager (administrador de fincas)?
It depends on what happened. If the manager does not hand over documents or account for the community’s money, the first step is a formal demand; if there is no answer, the owners’ meeting can dismiss the manager and the community can claim damages in court. If there are signs that community money has been misappropriated, a criminal complaint can be filed. If the manager belongs to a professional association, a complaint can also be made there.
What can we do if the property manager will not hand over the documents?
The documents belong to the community, not to the manager. A formal written demand is sent, usually by burofax, giving a deadline. If the manager still refuses, the community can go to court to force the handover and claim any losses caused, for example if debts from defaulting owners cannot be claimed because the paperwork is missing.
Can I challenge a decision of the owners’ meeting if I did not attend?
Yes. Owners who voted against and had it recorded, owners who did not attend and owners unlawfully deprived of their vote can all challenge a decision. The general deadline is three months from the meeting (one year if the decision breaches the law or the bylaws) and, for absent owners, it runs from when the minutes are sent to them. You must be up to date with your payments or deposit the amount owed.
How does the community recover unpaid fees from an owner?
The owners’ meeting approves a statement of the debt, it is notified to the owner and, if they still do not pay, the community files a fast-track payment claim (procedimiento monitorio). The property itself secures the debt for the current year and the previous three, even if it changes hands.
Can the community ban holiday lets?
The owners’ meeting can restrict or set conditions on holiday lets with the votes of three fifths of the owners, who must also represent three fifths of the shares. Since April 2025, anyone wishing to start a new holiday let in their flat also needs the prior approval of the community. Each case depends on the bylaws and on when the activity began.
Do you represent the community or individual owners?
Both. We advise communities, presidents and boards, and we also act for owners in dispute with their community. Before taking on a case we check there is no conflict of interest.
Do you work with communities in Marbella, Estepona or Manilva?
Yes. We act for communities and owners all along the western Costa del Sol, from Málaga to Manilva, from our offices in Málaga, Benalmádena and Fuengirola-Mijas and by video call. Many of our clients live abroad, so most of the work can be done remotely.
How much does a community of owners lawyer cost?
The first consultation is free. We then give you a quote based on the type of matter, the amount involved and whether it can be settled out of court or needs to go to trial. Interest-free payment plans are available.
Free consultation with community of owners lawyers on the Costa del Sol
Tell us about it. The first consultation is free and we will tell you clearly what can be done.
