In brief
- Who it is for
- Communities of owners, their officers and owners of flats or commercial premises in buildings under horizontal property.
- Applicable law
- Book Five of the Civil Code of Catalonia (arts. 553-1 onwards).
- Time limit to challenge resolutions
- One year if the resolution breaches the law, the deed of constitution or the bylaws, or is abusive; three months if it harms the community or seriously harms an owner.
- Fees
- We quote them in the first consultation (€40), with the option to pay in instalments.
What it covers
- Meetings: the ordinary general meeting is held once a year and notice must be sent at least eight calendar days in advance, unless the bylaws provide otherwise.
- Majorities: as a rule, a simple majority of the owners voting and of their shares is enough; amending the bylaws requires four-fifths, and some resolutions require unanimity.
- Absent owners: an owner who did not vote may object to the resolution in writing, by a verifiable means, within one month of being notified.
- Challenges: those who voted against, absent owners who objected and owners wrongly deprived of their vote may challenge a resolution, provided they are up to date with payments or deposit the debt.
- Unpaid service charges: the community can claim them through the summary payment procedure (proceso monitorio) with a certificate from the secretary, approved by the chair, recording the debt and the demand for payment made to the debtor.
- The flat or premises is liable for service charges due in the current year and the four preceding years, even if it has changed hands.
- Works in a flat: they must be notified in advance to the chair or the property manager; if they alter common elements, they need a resolution of the general meeting.
- Activities that disrupt normal coexistence or are prohibited: after demanding that they stop, the meeting may sue for an injunction, damages and, if they continue, loss of use for up to two years.
How we help you
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We study your case
We review the deed of constitution, the bylaws, the minutes and the accounts to assess whether the resolution, debt or conduct can be challenged, and within what time limits.
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Formal demand and negotiation
We prepare the formal demand or written objection and seek a negotiated solution or mediation, which the law generally requires you to attempt before suing.
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Payment procedure or claim
If no agreement is reached, we file the payment procedure for unpaid charges or the claim to challenge a resolution or stop an activity, keeping within the time limits.
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Follow-up
We keep you informed at every stage and, once the court has ruled, pursue enforcement until the decision is complied with.
Frequently asked questions
Can an owner who owes service charges vote?
They may attend and speak but not vote, unless they prove that they have deposited the debt with the court or a notary, or have challenged it in court. The notice of meeting must list the owners in arrears and warn of this.
How long do I have to challenge a resolution?
One year if the resolution breaches the law, the deed of constitution or the bylaws, or is an abuse of rights; three months if it is contrary to the community's interests or seriously harms an owner. Time runs from notification of the minutes or their annex. A challenge does not in itself suspend the resolution.
Does the Spanish Horizontal Property Act apply in Barcelona?
In Catalonia, horizontal property is governed by Book Five of the Civil Code of Catalonia, which takes precedence over Spanish state law. As a result, majorities, time limits and procedures may differ from those described in information written for the rest of Spain.