Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

[David Williams]

At our recent AGM of 16 properties, those present voted to change unanimous voting to majority voting. Despite clarification from the management company this went ahead and all subsequent voting was based on a pure majority and not 3/5th majority. The Vice President, in the chair, and the management company ignored the fact that there were at least 4 objections to changing to majority voting. As a result of their self interests, community charges are now equal and not proportionate, and the majority of previous agreements were overturned. This is clearly illegal as the law states that it requires unanimity to change the Statutes, and this was taken on a majority vote. My problem is how to proceed now. I am aware that this can go through protracted court proceedings, but could this be resolved through calling an EGM? If so, how best to proceed. 25% of the community at least are prepared to call for an EGM, but does this have to be with the blessing of the new president who was at the meeting and spearheaded this campaign?

[Lawbird Lawyer]

Dear Mr Williams,

To call an EGM you need either 25% of the commonhold quota or else 25% of the owners backing it.

You will have to call it with a minimumn of two week's notice.

You can have the President removed and overrule, as clearly illegal, the decision to amend unanimity votes.

Spain Commonhold Act gives a great deal of liberty to communers to oversse their communities. But the red line is drawn on breaching it such as changing unanimity votes to a simple majority.

If the EGM fails then you will have to challenge this resolution at court hiring a lawyer.

Challenging the General Assembly’s resolutions

Section 18 rules on how assembly resolutions can be challenged at court.

This can be done on three accounts:

When such resolutions are contrary to Law or the Community Statutes;

On them being seriously detrimental to the interests of the community and benefit one or several unit owners.

When they are seriously detrimental to some unit owner who has no legal obligation to sustain such detriment or when they have been adopted in abuse of power.

There’s a deadline of just 3 months to challenge them after they were adopted or else a year if they are contrary to Law or the Community Statutes. Only owners who are up-to-date with their community fees may challenge community resolutions before a court. Alternatively they can lodge the owed amounts before the law court prior to litigating.

Yours faithfully,
Raymundo LarraÃ*n Nesbitt