Community Fees and Tenant Obligations in Spain

Bills & charges (HOA, property tax, utilities) 3 min read · published September 11, 2025
If you are a tenant in Spain and community fees have been charged to you, it is normal to have doubts about whether you must pay them and how to act. In this article I clearly explain what chargeable community fees are, when they would correspond to be paid according to the Urban Leases Act and what steps to take if you believe you are being charged incorrectly. You will see which documents to gather, how to communicate the claim to the community or the landlord, and what deadlines and legal remedies exist to challenge charges. The aim is to give you practical tools to protect your rights without technical complexity, with concrete examples and advice to organize evidence before going to a court or mediation services.

What are chargeable community fees

Chargeable community fees are charges that, according to the contract or community agreement, can be passed on to the occupant in relation to private use or services clearly linked to the lease. The specific determination depends on the rental contract and applicable regulations, including the Urban Leases Act.[1]

In most cases, tenants are entitled to basic habitability standards.

Who must pay them?

Generally, the tenant may be responsible for expenses agreed in the contract and for individualized supplies consumed. However, extraordinary community charges or municipal taxes usually correspond to the owner unless otherwise agreed. Check your contract and community minutes to confirm obligations and cost allocation.

Common fees that may be charged

  • Ordinary community fees related to services billed to the user.
  • Supplies with individual meters (water, electricity, gas) when the contract contemplates it.
  • Repairs or maintenance attributable to the tenant's private use when agreed.

If the community claims amounts, always request the breakdown and the invoices that justify each concept. Keep copies of everything received and paid.

Request the breakdown and invoices in writing before making any additional payment.

How to claim and what evidence to gather

To challenge a charge it is essential to document the situation and communicate it in writing. Keep receipts, contracts, community certificates and communications by email or burofax. If there is disagreement, formally notify the claim and request a correction or detailed explanation.

  • Lease contract and clauses on supplies and expenses.
  • Receipts and proofs of payments you have made.
  • Community minutes or agreements that establish the allocation of expenses.
  • Communications sent or received (emails, burofax, notifications).
Documenting every step increases the chances of resolving disputes without going to court.

If the claim is not resolved, you can request mediation or go to the Court of First Instance to file a claim for amounts or for contractual breach, as appropriate.[2]

Frequently Asked Questions

Can I be forced to pay community fees?
Only if the contract establishes it or if there is a clear community agreement that transfers the cost to the occupant; check the contract wording and the community minutes.[1]
What deadlines do I have to file a claim?
It depends on the type of claim: to challenge community agreements there are usually short deadlines established in the regulations and to claim amounts the general prescription may vary; consult official resources or a lawyer for specific deadlines.[2]
What evidence is most useful?
Contracts, receipts, invoices, community minutes and any written communication showing claims or authorizations are the key evidence.

How to

  1. Gather all documentation: contract, receipts, invoices and relevant minutes.
  2. Notify the claim in writing to the community and the landlord, requesting a detailed breakdown.
  3. If there is no response, request mediation or prepare a claim before the Court of First Instance.
  4. Contact tenant advice services or a specialized lawyer if the amount or complexity advises it.
Acting within deadlines is essential to avoid losing procedural rights.

Help and resources

  1. [1] BOE - Consolidated text of the Urban Leases Act
  2. [2] Ministry of Justice - Guidance and procedural services

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Spain

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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