Torre del Mar: beach, flats and owners’ communities
Torre del Mar is the main coastal town in the municipality of Vélez-Málaga. That is why building licences, IBI (the annual property tax) or the plusvalía (the municipal tax on the increase in land value) for a property in Torre del Mar are handled by Vélez-Málaga Town Council. Much of its housing consists of flats in buildings with a community of owners, many of them holiday homes, and the population grows a great deal in summer. That profile shapes the matters I see: communities, leaks and rentals.
Special levies, meetings and resolutions that harm you
The Ley de Propiedad Horizontal (the Spanish law on owners’ communities) sets out how a community takes decisions and how they can be challenged. If the general meeting approves a resolution that breaks the law or the statutes, or that seriously harms an owner who is not obliged to bear it, you can challenge it in court. Bear three things in mind:
- The deadline. As a general rule, three months from the resolution or from when you are notified of it. If the resolution breaks the law or the statutes, one year.
- Being up to date. To challenge it you must be up to date with your payments to the community or deposit what you owe, unless the resolution concerns the participation shares (cuotas de participación).
- Your vote. If you attended the meeting, you must have recorded your vote against it (salvar el voto), that is, left a record of your disagreement.
Special levies (derramas) work in a similar way to resolutions: what matters is reading the minutes. If you buy a flat with a levy that has been approved but not yet collected, it is worth agreeing in writing who pays it. I review this before you sign.
Leaks and damp between flats
This is one of the most common problems in coastal buildings. The first step is to find the source. If the leak comes from another home, in principle its owner is liable. If it comes from the façade, the roof or a shared downpipe, the community is liable. In both cases there is usually an insurer involved.
My practical advice: document the damage with photos and dates, notify the neighbour or the property manager in writing and report it to your home insurer. If the insurer rejects the claim or what it offers does not cover the repair, you can make a claim. Time limits for claiming can be short, so don’t let it slide. I tell you more in insurance claims.
Letting your flat without surprises
If you let it as a main residence, the legal deposit is one month’s rent and in Andalusia it must be lodged with the competent regional body. When the contract ends, you have one month from the return of the keys to pay it back; if you take longer, you must pay interest. I explain the details in the article on returning the deposit (in Spanish).
Many owners in Torre del Mar let by the month in winter and by the week in summer. It is a good formula, but the winter contract has to meet a genuine temporary need of the tenant and say so in writing. Otherwise, there is a risk it will be treated as a main-residence let, with its minimum duration.
How I work with you if you are in Torre del Mar
I do not have an office in Torre del Mar. For people who live here, the nearest is my Torrox Costa office (Urbanización Laguna Beach, módulo B, local 17), and I see clients by appointment. If you have a signing or a meeting in a few days, tell me when you book and I will organise things so we are in time.
Would you rather sort it out without travelling? With the written online consultation (€75 including VAT) you receive my reply within 12 to 72 working hours of sending it. If you need to talk it through, book a 30-minute video call, also for €75.
