In many homeowners’ associations in Spain, especially in large cities, there is the role of the concierge, who occupies a residence provided by the community. These homes, generally located on the ground floor of the building, are provided to the worker as part of their employment relationship.
The Legal Framework of the Concierge’s Residence
The Urban Leases Act (Law 29/1994) establishes in Article 5 that residences assigned to caretakers, guards, and employees due to their position are excluded from its scope of application. This means that the provision of these homes is not governed by the usual rights and obligations of leases but is subject to the employment relationship between the homeowners’ association (HA) and the worker.
Usage Conditions and Eviction
The concierge may use the residence while maintaining their employment contract. Once the employment relationship ends, the employee is obliged to vacate the residence and return possession to the community. Failure to do so may result in eviction due to unlawful occupation.
Article 285 of Law 36/2011, regulating the social jurisdiction, stipulates that, after the termination of the contract, the worker must vacate the residence within a month. This period may be extended up to two additional months if deemed justified by the judge.
Salary Aspects of Using the Residence
The use of the residence by the concierge is considered in-kind compensation. According to Article 26 of the Workers’ Statute, salary may include economic compensation both in cash and in-kind, with a limit of 30% of the total salary.
- The Collective Agreement for Employees of Urban Properties of the Community of Madrid stipulates that the initial base salary for caretakers includes 85% in cash and 15% in-kind.
- The community may deduct up to 15% of the base salary for the use of the residence.
Sale and Rental of the Concierge’s Residence
In some cases, the homeowners’ association may decide to sell or rent the residence assigned to the concierge. To sell it, the unanimous approval of all homeowners is required, as it involves the reclassification of a common element. For rental, a qualified majority according to the community statutes is sufficient.
The option to rent the residence allows the community to obtain additional income without losing ownership of the property.
Efficient Management of a Valuable Resource
The concierge’s residence, although traditional, remains an important part of many properties. Understanding the applicable regulations and managing this resource correctly is essential to ensure the proper functioning of the community and the well-being of its employees.
