Basic rights and obligations in a homeowners' association

What rights and obligations you have as an owner in a homeowners' association: paying fees, taking part in meetings, and what happens if you don't pay.

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When you buy a flat, you're not just acquiring the property: you automatically become a member of the homeowners' association, with rights and obligations that many first-time buyers aren't aware of until a conflict comes up.

Your main obligation: contributing to shared expenses

You're required to contribute to the community's general expenses according to your ownership share, a percentage assigned to each home based on criteria such as its floor area, set out in the property's founding deed. This obligation exists regardless of whether you actually use the shared services (for example, even if you never use the community pool, you're still required to help pay for its upkeep).

Your right to take part and vote in meetings

You have the right to attend and vote at owners' meetings, where the community's key decisions are made (approving budgets, works, changes to internal bylaws). Your voting weight is usually tied to your ownership share as well, as set out in the community's bylaws.

The majorities required depending on the type of decision

Not all decisions require the same level of agreement: some (such as appointing the president or approving ordinary accounts) require a simple majority, while others of greater significance (such as certain non-mandatory improvement works, or changes to the founding deed) require more demanding qualified majorities, specifically set by property law.

What happens if you don't pay the community fee

Failing to pay community fees can lead to a court claim (a summary payment proceeding) to recover the debt, plus interest and legal costs. On top of that, as mentioned earlier, a future buyer of your home could end up liable for this debt within certain legal limits, which can also complicate a future sale if you're carrying outstanding debts.

Mandatory accessibility and energy-efficiency works

Certain works are considered mandatory for the whole community if requested by residents with disabilities or above a certain age (such as installing a lift), or related to accessibility and energy-efficiency improvements up to a cost limit, regardless of whether the majority of owners vote against them.

Always check the minutes before buying

As mentioned in relation to community expenses, checking the recent meeting minutes before buying a home tells you not just about possible special assessments, but also about the general atmosphere and typical conflicts within that specific community — valuable information before committing to the purchase.

Budget correctly for your new home

Remember to factor the estimated community fee into your monthly budget. Our mortgage calculator helps you work out the portion related to financing the purchase.