Letting your flat long-term while you live abroad: what the community can ask of you and your tenant
You let your Corralejo flat for the year and live abroad. The community still looks to you for the fees, whatever the lease says; the clause that passes them to the tenant needs a yearly figure, and since 8 October 2026 neither the property tax nor the agent's fee can be passed on. The house rules reach your tenant through article 7.2, the community's notices are validly served at the flat, your tenant can carry your proxy but not vote, and the repair clock runs while you are away. October 2026.
An owner who lives abroad has let her two-bedroom flat in Corralejo for the year to a couple who work on the island. Within a month the administrator has three messages on the same file: the tenant asks whether he can pay the community fees himself, a neighbour wants the community to «do something» about the dog on the terrace, and the owner asks whether her tenant can go to the meeting in her place. This article answers those questions with the texts in force on 21 October 2026: who owes the community when a flat is let, what the clause that passes the fees to the tenant must say after the October decree, how far the house rules and the cessation action of article 7.2 reach an occupant who is not an owner, where the community's notices land when the owner is in another country, who may vote, who decides on works, who opens the door to the plumber, and how a long let differs from a holiday let. The two decrees of September were repealed, a third has been in force since 8 October and awaits a vote, and the article says so where it matters. Quotations are in Spanish with the reading in English.
Who owes the community: you, whatever the lease says
The horizontal property act does not know the tenant. Its list of duties opens with Son obligaciones de cada propietario, the duties of every owner, and the one that matters here is letter e) of article 9.1: Contribuir, con arreglo a la cuota de participación fijada en el título o a lo especialmente establecido, a los gastos generales para el adecuado sostenimiento del inmueble, sus servicios, cargas y responsabilidades que no sean susceptibles de individualización, to contribute, by the quota fixed in the deed or as specially established, to the general expenses for the proper upkeep of the building, its services, charges and liabilities that cannot be individualised. The reserve fund of letter f) follows the same rule. Nothing in the lease changes who the community may claim from.
The Supreme Court said it again on 16 July 2026, in ruling 1176/2026, where a Madrid community had sued both the owner of two flats and the company that had taken over the leases and collected the rents. The owner's duty, the court wrote, Se trata de una obligación legal inherente a la titularidad dominical del elemento privativo, de modo que corresponde a quien ostenta la condición de propietario en el momento de su devengo, is a legal obligation inherent in the ownership of the private element, so it falls on whoever is the owner when the expense accrues; the lease and the community are relaciones jurídicas distintas, sometidas a regímenes jurídicos diferentes, sin que la subrogación en una de ellas comporte, por sí sola, la asunción de las obligaciones propias de la otra, distinct legal relationships under different rules, and stepping into one does not by itself mean assuming the obligations of the other. The company that collected the rents was acquitted; the owner paid. The provincial court of Alicante had put it in plainer words on 4 November 2025, in ruling 581/2025, when a community in Benidorm sued a father who owned the flat and the son who lived in it and had agreed to pay the fees: the duty se trata de una obligación que, frente a la comunidad de propietarios, recae, única y exclusivamente, en el propietario del piso o local, is an obligation that, towards the community, falls solely and exclusively on the owner of the flat or premises, and the owner no puede oponer frente a ésta el pacto establecido en el contrato de arrendamiento que atribuye al arrendatario el pago de los gastos comunes, cannot raise against the community the clause of the lease that puts the common expenses on the tenant. The community may agree to send the receipts to the tenant if the owner asks; that is a courtesy, not a change of debtor.
For an owner abroad the consequences are three. If the tenant stops paying what he promised you, the community's debtor is still you, and article 21 adds that En cualquier caso, podrá ser demandado el titular registral, a efectos de soportar la ejecución sobre el inmueble inscrito a su nombre, in any case the registered owner may be sued so that the flat registered in his name answers for the debt. Second, an owner in arrears when a meeting opens keeps the floor but loses the vote: such owners podrán participar en sus deliberaciones si bien no tendrán derecho de voto, may take part in the deliberations but have no right to vote, under article 15.2, and the notice of every meeting lists them by name. Third, a debt the tenant left behind is yours to pay first and to recover from him afterwards. Our advice to every owner who lets: the fees go by direct debit from the owner's account, and the tenant's share is settled inside the rent, never by a tenant paying the community directly.
The clause that passes the fees to the tenant, as the Act reads on 21 October 2026
Between landlord and tenant the fees can be shifted, and the rule that governs the shift was rewritten this month. Article 20 of the urban leases act, in the wording given by Real Decreto-ley 29/2026 and in force since 8 October 2026, keeps the pact: Las partes podrán pactar que los gastos generales para el adecuado sostenimiento del inmueble, sus servicios, cargas y responsabilidades que no sean susceptibles de individualización y que correspondan a la vivienda arrendada o a sus accesorios, sean a cargo del arrendatario, the parties may agree that the general expenses for the proper upkeep of the building, its services, charges and liabilities that cannot be individualised and that correspond to the let dwelling or its accessories are borne by the tenant, and, for a flat in a community, En edificios en régimen de propiedad horizontal los gastos serán los que correspondan a la finca arrendada en función de su cuota de participación, in buildings under horizontal property those expenses are the ones that correspond to the let flat by its quota. The form has not changed: Para su validez, este pacto deberá constar por escrito y determinar el importe anual de dichos gastos a la fecha del contrato, to be valid the pact must be in writing and state the yearly amount of those expenses at the date of the contract. A lease that says «the tenant pays the community fees» and gives no figure does not meet the Act.
What the decree added are two prohibitions. Taxes can no longer be passed on: En ningún caso podrán imponerse los tributos asociados a la vivienda a la parte arrendataria, in no case may the taxes attached to the dwelling be imposed on the tenant, unless the tenant is himself the taxpayer, which for the property tax and the refuse charge he is not. And the agent is the landlord's cost: Los gastos de gestión inmobiliaria y de formalización del contrato no podrán ser repercutidos al arrendatario, ni directa ni indirectamente, bajo ningún concepto o denominación, agency and formalisation costs may not be passed on to the tenant, directly or indirectly, under any name. Until 7 October a lease could still make the tenant pay the property tax if the yearly figure was in the contract, as the Supreme Court confirmed on 17 November 2025 in ruling 1637/2025 for a flat in Ibiza; from 8 October a new lease cannot. That ruling remains useful for what it says about the fees themselves: the general expenses of article 20.1 son los que corresponden al arrendador por razón de la comunidad, are the ones the landlord owes by reason of the community, and the yearly figure no solo permite al arrendatario oponerse a pagar cuantías superiores a lo fijado en el contrato, not only lets the tenant refuse to pay more than the contract fixed, it also anchors the ceiling of article 20.3: during the first five years of the lease, or seven when the landlord is a company, the sum sólo podrá incrementarse, por acuerdo de las partes, anualmente, y nunca en un porcentaje superior al doble de aquel en que pueda incrementarse la renta conforme a lo dispuesto en el artículo 18.1, may be raised only by agreement, once a year, and never by more than twice the percentage by which the rent may be updated. If the clause says 1 140 € a year, that is the figure the tenant owes you, whatever the community later votes.
Which brings us to the levy. An extraordinary contribution for the lift, the façade or the roof, voted after the lease was signed, is not the yearly sum the clause fixed; whether you can pass it on depends on what the clause says about extraordinary expenses, and a tenant who reads article 20 will refuse what the clause does not name. Our drafting advice is to decide before the signature: write the yearly figure of the ordinary budget into the clause, say in the same clause whether extraordinary levies are included or excluded, and attach the community's budget for the year. The levy itself stays the owner's by article 9.1.e; the tenant knows it only through you.
Your tenant and the house rules: article 7.2 reaches the occupant
Here the Act does know the occupant. Article 6 lets the owners set normas de régimen interior que obligarán también a todo titular mientras no sean modificadas en la forma prevista para tomar acuerdos sobre la administración, house rules that bind every owner until changed in the way administrative resolutions are taken, and article 7.2 extends the prohibitions to whoever lives in the flat: Al propietario y al ocupante del piso o local no les está permitido desarrollar en él o en el resto del inmueble actividades prohibidas en los estatutos, que resulten dañosas para la finca o que contravengan las disposiciones generales sobre actividades molestas, insalubres, nocivas, peligrosas o ilícitas, neither the owner nor the occupant may carry on, in the flat or in the rest of the building, activities prohibited by the statutes, harmful to the property or contrary to the general rules on nuisance, unhealthy, noxious, dangerous or unlawful activities. The dog on the terrace, the music at two in the morning and the workshop in the garage are judged by the same three tests whether an owner or a tenant is behind them.
The procedure is one every community in Fuerteventura should know by heart. First the demand: El presidente de la comunidad, a iniciativa propia o de cualquiera de los propietarios u ocupantes, requerirá a quien realice las actividades prohibidas por este apartado la inmediata cesación de las mismas, bajo apercibimiento de iniciar las acciones judiciales procedentes, the president, on his own initiative or at the request of any owner or occupant, demands of whoever carries on the prohibited activity that it stop at once, on pain of court action. Then the vote, previa autorización de la Junta de propietarios, debidamente convocada al efecto, with the prior authorisation of a meeting duly called for the purpose. Then the claim, and this is the line an owner abroad must read twice: La demanda habrá de dirigirse contra el propietario y, en su caso, contra el ocupante de la vivienda o local, the claim must be brought against the owner and, where applicable, against the occupant. You are sued with your tenant, in a court in Spain, for conduct you may know nothing about; the provincial court of Jaén confirmed on 30 January 2025, in ruling 130/2025, that this holds aunque el propietario no sea responsable de las actuaciones del inquilino u ocupante, even if the owner is not responsible for the acts of the tenant or occupant.
The sentence can go further against the tenant than against you. Against an owner the court may order la privación del derecho al uso de la vivienda o local por tiempo no superior a tres años, deprivation of the right to use the flat for up to three years; against an occupant who is not the owner, Si el infractor no fuese el propietario, la sentencia podrá declarar extinguidos definitivamente todos sus derechos relativos a la vivienda o local, así como su inmediato lanzamiento, if the offender is not the owner the judgment may declare all his rights over the flat definitively extinguished and order his immediate eviction. A community can end your lease in court. It is not a blank cheque, and the Tenerife provincial court showed the limits on 28 November 2025 in ruling 678/2025: a community of the north of the island had brought the action against a tenant and his owner, who did not appear, the demand sent by burofax and refused was held valid because a refused letter still counts, and the claim then failed on the merits, since the quarrels with the staff did not fit any of the three categories and the statutes said to prohibit the conduct no constan que estén expresamente prohibidas por los estatutos, que, ciertamente, no se aportan a los autos, were not shown to prohibit it, the statutes themselves never having been filed. A community that wants to use article 7.2 against a tenant needs the statutes, the house rules, the dated complaints and a demand that names the conduct; our note on house rules is about writing rules a court will enforce.
You have your own lever, and it is quicker. Article 27.2 of the leases act lets the landlord terminate the lease Cuando en la vivienda tengan lugar actividades molestas, insalubres, nocivas, peligrosas o ilícitas, when nuisance, unhealthy, noxious, dangerous or unlawful activities take place in the dwelling, and also for La realización de daños causados dolosamente en la finca o de obras no consentidas por el arrendador cuando el consentimiento de éste sea necesario, wilful damage to the property or works done without the landlord's consent where that consent was needed. When the administrator tells you that the president has sent your tenant a demand under article 7.2, the right reaction is not to wait for the community's vote but to send your own demand under the lease, because article 9.1.g makes you answer to the other owners, responder ante éstos de las infracciones cometidas y de los daños causados, for the infringements committed and the damage caused, and letter b) adds the damage caused por su descuido o el de las personas por quienes deba responder, by your neglect or that of the persons for whom you must answer.
Notices land in your flat, and that counts
Letter h) of article 9.1 is the one an owner abroad forgets at his own cost. Every owner must give the secretary, by a means that proves receipt, el domicilio en España a efectos de citaciones y notificaciones de toda índole relacionadas con la comunidad, an address in Spain for summonses and notices of every kind concerning the community, and the Act says what happens when he does not: En defecto de esta comunicación se tendrá por domicilio para citaciones y notificaciones el piso o local perteneciente a la comunidad, surtiendo plenos efectos jurídicos las entregadas al ocupante del mismo, failing that, the flat itself is the address, and notices handed to its occupant take full legal effect. The notice of the annual meeting, the minutes, the demand for an unpaid levy and the president's demand under article 7.2 are all validly served on your tenant, whether or not he forwards them.
If even that fails, the Act goes to the noticeboard: a notice that cannot be delivered se entenderá realizada mediante la colocación de la comunicación correspondiente en el tablón de anuncios de la comunidad, is deemed served by posting it on the community's noticeboard, with a dated note signed by the secretary, and it takes full effect after three calendar days. The clock for challenging a resolution runs from that service, because under article 18.3 Para los propietarios ausentes dicho plazo se computará a partir de la comunicación del acuerdo conforme al procedimiento establecido en el artículo 9, for absent owners the period runs from the communication of the resolution under the procedure of article 9. An owner who learns of a resolution from his tenant two months late has usually lost the three months he had.
Two instructions follow. Give the secretary an address in Spain by a means that leaves proof of receipt, which can be your lawyer's, your property manager's or ours, and renew it when you change manager. And tell the administrator that the flat is let and who lives there, with the tenant's telephone: article 9.1 lists the owner's duties and does not include telling the community that the flat is let, only the change of ownership, el cambio de titularidad de la vivienda o local, under letter i), but a community that does not know who lives in the flat sends its notices into a void that the Act fills against you.
The meeting: your tenant can carry your vote, not cast one
The vote belongs to the owner. Article 15.1 reads: La asistencia a la Junta de propietarios será personal o por representación legal o voluntaria, bastando para acreditar ésta un escrito firmado por el propietario, attendance at the owners' meeting is in person or by legal or voluntary representation, and a document signed by the owner is enough to prove it. Your tenant has no seat of his own, but he can hold your proxy like anyone else: a signed note naming him, the meeting and, if you wish, how he is to vote on each point. Most of the owners we represent give the proxy to the administrator or to another owner instead; the agenda goes to them before the meeting in English and Spanish, the signed form comes back by e-mail, and the vote is cast as instructed.
Two rules limit the proxy. The first is article 15.2 above: if your fees are unpaid when the meeting opens, your representative may speak and may not vote, and your quota does not count towards the majorities, one more reason to keep the fees on your own direct debit rather than on the tenant's promise. The second is article 18.2, which reserves the right to challenge a resolution to los propietarios que hubiesen salvado su voto en la Junta, los ausentes por cualquier causa y los que indebidamente hubiesen sido privados de su derecho de voto, the owners who recorded their dissent at the meeting, those absent for any reason and those wrongly deprived of their vote. A tenant who dislikes a resolution has no standing; an owner who was absent has, within three months of the notice, and only if up to date with the fees.
Works and changes: your consent inside, the community's outside
Inside the flat the tenant answers to you. Article 23 of the leases act is short: El arrendatario no podrá realizar sin el consentimiento del arrendador, expresado por escrito, obras que modifiquen la configuración de la vivienda o de los accesorios, the tenant may not, without the landlord's written consent, carry out works that change the layout of the dwelling or its accessories, and En ningún caso el arrendatario podrá realizar obras que provoquen una disminución en la estabilidad o seguridad de la vivienda, in no case may he do works that reduce the stability or safety of the dwelling; at the end of the lease you may demand that he put things back as they were, or keep the alteration without paying for it.
Outside the flat, and on anything that shows, the community answers, and it answers to you, not to the tenant, because the permission the tenant needs is yours and the permission you need is the community's. Article 7.1 lets an owner modificar los elementos arquitectónicos, instalaciones o servicios de aquél cuando no menoscabe o altere la seguridad del edificio, su estructura general, su configuración o estado exteriores, o perjudique los derechos de otro propietario, debiendo dar cuenta de tales obras previamente a quien represente a la comunidad, alter the architectural elements, installations or services of his own flat provided he does not impair the safety of the building, its general structure or its outside configuration or appearance, nor the rights of another owner, giving prior notice of the works to the community's representative, and then closes the door: En el resto del inmueble no podrá realizar alteración alguna, in the rest of the building he may make no alteration at all. An awning, a glazed terrace, an air-conditioning unit on the façade or a dish on the roof installed by a tenant is, towards the community, an alteration by the owner; our note on terraces, awnings and air conditioning sets out which of those needs which vote and which the statutes may forbid outright. The lease should therefore say what the standard forms leave out: that the tenant installs nothing on the façade, the terrace or the roof without the owner's written consent, given only after the community's, and removes at his cost what he installed without it; when the community notices an installation, the demand goes to you, and the clause is what lets you pass it on.
Keys, repairs and emergencies with a tenant inside
A community's right to get into a flat does not depend on who lives there. Article 9.1 obliges every owner to Consentir en su vivienda o local las reparaciones que exija el servicio del inmueble, allow in his flat the repairs the service of the building requires, and to Permitir la entrada en su piso o local a los efectos prevenidos en los tres apartados anteriores, allow entry into his flat for those purposes, which cover a leak from your bathroom into the flat below, the replacement of a common pipe that runs through your kitchen and the inspection of the building. With a tenant in the flat the owner performs that duty through him, so the lease must oblige the tenant to give access, on reasonable notice for planned works and at once in an emergency, and the administrator must have the tenant's telephone. Our note on an empty flat, keys and emergencies describes the keys protocol we ask every owner abroad to sign; with a tenant, the holder of the key is the tenant himself, and the protocol names who is called when he cannot be reached.
The repairs inside the flat are divided by the leases act, and the October decree moved the line. The tenant podrá realizar las que sean urgentes para evitar un daño inminente o una incomodidad grave, y exigir de inmediato su importe al arrendador, may carry out those that are urgent to avoid imminent damage or serious discomfort and claim the cost from the landlord at once, under article 21.3, and the small ones stay with him: Las pequeñas reparaciones que exija el desgaste por el uso ordinario de la vivienda serán de cargo del arrendatario, the minor repairs required by ordinary wear are for the tenant, under article 21.4. The new paragraph 5, in force since 8 October 2026, puts a clock on the absent landlord: once the tenant has sent a written demand with a reasonable quote, El arrendador dispondrá de un plazo de quince días naturales desde la recepción del requerimiento para aceptar el presupuesto, proponer una reparación alternativa o ejecutar directamente la reparación, the landlord has fifteen calendar days from receipt to accept the quote, propose another repair or do it himself, after which el arrendatario podrá ejecutar las obras necesarias y descontar su importe de las rentas futuras, the tenant may carry out the necessary works and deduct their cost from future rents.
Fifteen days is a holiday abroad. The owners we manage for route the tenant's notices to us, we send the plumber or the electrician within the day, the before-and-after photographs go into the owner's file, and the invoice is checked before it is paid, so that the fifteen days never run out and no deduction from the rent is ever argued about. One more document belongs in that file: the end-of-lease statement that article 36.7 now requires, un documento de finalización del arrendamiento firmado por ambas partes, an end-of-lease document signed by both parties, recording the state of the flat when possession is handed back.
A long let is not a holiday let, and what the October decrees changed
Everything above assumes a tenant who lives in the flat. A holiday let is outside the leases act and inside another regime: article 5.e excludes the furnished dwelling offered on tourist channels under the tourism rules, and the October decree added a ceiling, La duración máxima de este tipo de cesión, que será fijada por las administraciones competentes, no podrá en ningún caso superar los treinta y un días, the maximum length of that kind of let, which the competent administrations fix, may in no case exceed thirty-one days. Between the two sits the new «temporary housing» lease of article 2.3, for a tenant cuando éste se encuentra temporalmente desplazado de su domicilio habitual, por causa justificada y acreditable, who is temporarily away from his habitual home for a justified and provable reason, which article 9 bis keeps between thirty-one days and, as a rule, twelve months. For the community, a holiday let needs what a long let never does, the approval of article 17.12 by three fifths of the owners and the Canary registration; our note on holiday lets after the Canary Act is the current statement of that regime.
The lease itself is under the Act as it reads on the day you sign, and in October 2026 that day matters. Two decree-laws of 29 September rewrote the Act for a few days and were voted down on 2 October: the Congress acordó derogar el Real Decreto-ley 26/2026, de 29 de septiembre, resolved to repeal Real Decreto-ley 26/2026, and did the same with Real Decreto-ley 27/2026 in a second resolution of the same day. On 5 October the Cortes were dissolved by Real Decreto 806/2026, with elections que se celebrarán el domingo 29 de noviembre de 2026, to be held on Sunday 29 November 2026. On 6 October the Government approved two more decree-laws, published on 7 October: Real Decreto-ley 29/2026, in force since 8 October, which is the one that rewrote article 20 and article 21 quoted above, the definitions of articles 2, 3 and 5 and several more, and Real Decreto-ley 28/2026, which rewrites article 10, the article on the extension of a lease, from 15 November 2026.
Both wait for a vote, and the vote is not the Congress's any more. The Constitution gives a decree-law thirty days, and its article 78.2 hands the vote to the Permanent Deputation of a dissolved chamber, en caso de que éstas hubieren sido disueltas o hubiere expirado su mandato, where the chambers have been dissolved or their term has expired. On 16 October that body met and la Diputación Permanente del Congreso de los Diputados, en su sesión del día de hoy, acordó convalidar el Real Decreto-ley 24/2026, the Permanent Deputation of the Congress, in its session of that day, resolved to convalidate Real Decreto-ley 24/2026, and the next one, both on the DANA; the two housing decrees were not on that agenda, and on 21 October no resolution on them had been published. A lease signed today is under article 20 as quoted here; if the Permanent Deputation repeals the decree, the Act goes back to its wording of 7 October from the day the repeal is published, without undoing what was done in between. Our sister note at the law firm follows the decrees from the landlord's side, and its companion on the seasonal contract covers the winter let that is not a holiday let. The tax on the rent is neither this article's subject nor the community's: the reductions a resident landlord may apply in the Canary Islands and the non-resident's return on modelo 210 are explained by our sister firm, and both were touched by the same October decree, so read them with their dates.
The file we keep for an owner who lets: who answers for what
When an owner abroad tells us the flat is let, we open a page in the owner's file with the tenant's name and telephone, the lease, the fees clause with its yearly figure, the proxy, the keys protocol and the address in Spain for notices. The questions of the first year are nearly always the ten in the table, and the answer is nearly always a line of the Act.
| The matter | Who answers, and under which rule |
|---|---|
| The community fees and the reserve fund | You, by quota, under article 9.1.e and f; the tenant owes them only to you, under the clause of article 20 |
| A levy voted after the lease was signed | You; the clause fixed a yearly sum at the contract date, and a levy is in it only if the clause says so |
| Noise, pets, the pool after hours | The tenant, under the house rules and article 7.2; you are sued with him and answer to the owners under article 9.1.g |
| Damage to common elements | The community invoices you under article 9.1.b; you recover from the tenant under the lease |
| Works inside the flat | The tenant needs your written consent under article 23; the community is asked only when the structure or the outside is touched |
| An awning, an air-conditioning unit, a closed terrace | The community's permission under article 7.1 and the statutes, whoever installs it |
| Attendance and vote at the meeting | You, or a person with your signed proxy, under article 15.1; no vote if fees are owed, under article 15.2 |
| Notices and minutes | The address in Spain you gave under article 9.1.h; otherwise the flat, and the tenant's receipt counts |
| Access for the community's repairs and inspections | You must allow it under article 9.1.c and d; the tenant opens the door, under the keys protocol |
| A holiday let instead | Another regime: article 5.e of the leases act, the Canary registration and the three-fifths vote of article 17.12 |
The table is not a substitute for the lease: every line that depends on a clause is only as good as the clause the owner signed, and a lease downloaded from the internet usually has none of them.
What we do for owners who let
Our administration for non-resident owners is built for exactly this file: you vote at the meeting by proxy and receive the agenda before and the outcome after, in English; the community fees go by direct debit from any EU account, with a receipt for every charge; an incident reported from the tenant's phone is dispatched to a vetted contractor and closed with before-and-after photographs; the deadlines of your property are tracked with reminders before anything falls due; and, when you want it, the let itself is administered, with tenant vetting, rent collection and a monthly statement to wherever you live. We do not draft leases and we are not lawyers; when a question is a lawyer's, we say so and we know who to ask. An owner who wants a fixed fee for one flat or for a whole community can ask for a quote and will have a clear scope within one working day.
Common questions
My tenant pays the community fees directly to the community. Am I off the hook?
No. The community's debtor is the owner, under article 9.1.e, and the Supreme Court repeated in July 2026 that a lease does not move that duty to anyone else. If the tenant stops paying, the community claims from you, with the flat as security, and you lose your vote at the next meeting while the debt stands. Keep the fees on your own direct debit and settle the tenant's share with him.
The neighbours complain about my tenant. Can the community evict him?
It can, in court. Article 7.2 lets the president demand that the conduct stop, the meeting authorise the action and the judge end the tenant's rights over the flat and order his eviction; the claim is brought against you as well. The surer route is yours: the leases act lets you terminate for nuisance, unlawful or dangerous activities, so send your own demand as soon as the president sends his.
I live abroad and never received the notice of the meeting. Is the resolution valid?
Usually yes. If you gave the secretary no address in Spain, the notice was validly served on your tenant at the flat, and failing that on the noticeboard, with effect after three days. The three months to challenge a resolution run from that service. Give the secretary an address in Spain by a means that proves receipt, and tell the administrator who lives in the flat.
Can my tenant attend the meeting and vote for me?
As your representative, yes: a note signed by you is enough under article 15.1, and you can instruct the vote point by point. He has no vote of his own, he cannot challenge a resolution, and he cannot vote at all if your fees are unpaid when the meeting opens. Most owners abroad give the proxy to the administrator or to another owner instead.
What changed for my lease with the October 2026 decrees?
The two September decrees were repealed on 2 October. A third, in force since 8 October, forbids passing the property tax and the agency costs to the tenant, keeps the written fees clause with its yearly figure, gives the tenant a fifteen-day repair clock and requires a signed end-of-lease statement; a fourth rewrites the extension rules from 15 November. Both await the vote of the Permanent Deputation of a dissolved Congress, due within thirty days, and nothing had been published on 21 October. Our sister firm follows every step on its own pages.
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