What legal obligations do developers have regarding community fee transparency?

Developers in Costa del Sol have specific legal obligations concerning community fees, primarily under Spanish Horizontal Property Law (Ley de Propiedad Horizontal). Before the sale of units, developers must establish the community of owners (Comunidad de Propietarios) and register its statutes, which outline the rules governing the community and the method for calculating community fees. While they don't always provide a detailed 'budget' for the first few years, they are legally required to disclose the pro-rata share of common expenses attributed to each property, ensuring purchasers understand their initial contribution obligations. This information should be clearly stated in the private purchase agreement (contrato de compraventa) or made available during the due diligence process. Developers are also expected to provide a certificate of solvency demonstrating that the property is up-to-date with community payments at the time of sale, ensuring the new owner doesn't inherit existing debts. Failure to adequately disclose or misrepresent these costs can lead to legal issues for the developer, as buyers rely on this information to assess the true cost of ownership. It is crucial for buyers to engage an independent lawyer to verify all disclosed information and ensure compliance with legal requirements, protecting against unforeseen financial burdens related to community fees.