Horizontal Property Act - Part 6

Published on 16/04/2007 in Your Spanish Home

Click here for part 1 in the series of these articles.

Click here for part 2 in the series of these articles.

Click here for part 3 in the series of these articles.

Click here for part 4 in the series of these articles.

Click here for part 5 in the series of these articles.


Agreements of the General Meeting can be judicially opposed in the following cases:

  • When they are against Law or Statutes of the Community of owners.
  • When they seriously damage the interests of the Community or those of one or some of the owners.
  • When they pose a serious damage to any owner who is not obliged to bear it or they have been adopted with abuse of process.
Only those owners who had negatively voted in the General Meeting, other than those who were absent for any reason and those who had been improperly removed of their right to vote, can judicially oppose the agreements.           

The owner must be updated on their payments to the Community or to firstly deposit in the Courts any due amount..

The deadline to oppose these agreements is within 3 months after the agreement was made by the owners´ meeting, except for those agreements that infringe either Law or Statutes of the Community of Owners, in these cases the deadline for opposition is one year

It could be convenient to ask a lawyer about the convenient legal action . 

The Minutes of General Meeting of Owners

The agreements of the general Meeting of owners must be written on an official Book of Minutes, this book is approved by the  Land Registry where the building is registered.

The minutes of each meeting must contain:

  • The date and place of  the meeting location.
  • The promoters of the location
  • Mentions to the ordinary or extraordinary character of the meeting and if first or second call.
  • A list of all the assistants, their respective shares and the owners who are being represented by others, with indication of their shares.
  • The Agenda.
  • The agreements adopted, indication, in case that it was relevant for the validity of the agreement, of the owners´ names who voted in favour or against those agreements, and their shares.

The minutes must be finished with the signatures of the President and the Secretary that same day or within the following ten natural days.

The minutes of  the meetings must be sent to all the owners at the addresss designed by them,  if  address is unknown, they will be sent to the apartment which belongs to the Community or in the notice-board.  

Any errors in the minutes can be corrected if expresses unmistakably the date and location, the present owners, in person or by representation, and the agreements met, with the indication of the votes in favour or against.

The correction must be made before the following General meeting of the owners, that must ratify the corrected version.

The Secretary must keep the books of  minutes of the Meeting of owners. Likewise he must keep, during a period of time of 5 years, the calls, communications, powers of representations and the rest of the important documents of the meetings.

Written by: Maria de Castro

About the author:

Maria de Castro is a Spanish Lawyer and the Director of the Law Firm www.costaluzlawyers.es.

Costa Luz Lawyers are contract and consumer real estate law specialists covering all parts of Spain. You can contact Maria at mldecastro@costaluzlawyers.es

Right arrow icon Send to friends   Right arrow icon Printer friendly version    Right arrow icon Submit your own article


laup said:
28 November 2007 @ 18:07

I bought my flat 4 years ago. There was no "community" as the developer had run it since building 7 years before. They still own 75% of the flats.
In the past 4 years no meetings/paperwork received regarding community. I have a letter from the developer saying there were no outstanding charges at the time of my purchase.
This year a formal community was formed, but they want us to pay for the past years ( 4 in my case) a share in what they claim to have spent.
I don't mind contributing to service costs like electric, but they want about 2000 E from me for their painting the block 2 years ago. I was never consulted about this - where do I stand now?
Any help and advice appreciated!

Only registered users can comment on this article. Please Sign In or Register now.

Comment Using Facebook:

Related articles in this category

20 Home Staging Tips With a Difference

A Week in Spain

Achieving a Comfortable Temperature in Your Spanish Home

Are The Banks Paying Their Community Fees, IBI, Etc?

Bank Guarantee For Renting Your Property

Big Spanish Property Price Drop – Real Case Study

Bills, Bills, Bills

Can't Afford Your Mortgage In Spain? These Are Your Options

Can't Sell? Rent It Out With Option To Buy

Community Commotion

Coping with the limited space of an apartment

Counting The Costa Locking Yourself Out

Currency Update - Eurozone Jitters

Currency Update - Eurozone Jitters Continue Following Spanish Bailout

Currency Update - Is Spain in Trouble?

Currency Update - Sovereign Debt and the Euro's continued fall

Currency Update - What Is Happening To Europe?

Currency Update April 2011

Currency Update August 2011

Currency Update March 2011

Currency Update: Euroland and US - Where are we at the moment.

Demolitions in Spain

Do I Need To Pay Capital Gains Tax In Spain?

E.T Phone Home....but Maybe not from Spain

Entering a Community and the Role of the President

Euro Currency Update July 2011

Euro Currency Update: October 2011

Euro vs Sterling Currency Market Update

Expats Hit Hard By Property Tax Probe

Furnishing Your Property in Spain

Furnishing Your Spanish Property For Holidays Or Rentals

Getting Your Pool Ready for Summer

Home Insurance in Spain

Horizontal Property Act - Part 1

Horizontal Property Act - Part 2

Horizontal Property Act - Part 3

Horizontal Property Act - Part 4

Horizontal Property Act - Part 5

Horizontal Property Act - Part 6

Horizontal Property Act - Part 7

How Do You Value A Property In Spain?

June Currency Review of Euro Vs Sterling - Things Are Looking Up

Long Term Rentals in Spain

Maximising The Value Of Your Property

Mortgage Arrears – Is "Handing Back The Keys" A Solution?

NIE Numbers And Why They Are Important

Protect Your Home in Spain From Insurance Claims This Winter

Ratable Values Are Being Revised In Marbella

Recovering Community Fee Debts From Overseas Owners

Security Is The Key For Your Home In Spain

Some Spanish Property Market Good News?

Spain Ends Monopoly Of Electricity Supplies – Could Your Community Make Savings?

Spanish Property Market Values - What Is The Truth?

Sterling - Euro Reaches New Highs

Swimming Pool Regulations

Target the Spanish

The Day the Don Juan Community Defeated Don Juan

The Impractical Side Of Spanish Architects

The Nota Simple Explained

The Pound And Euro Face Uncertain Times

The Spanish Property Crisis - How long will it last?

The Stirling Euro Yo Yo Effect

There's Something About Spain

Tips On Selling Your Spanish Property The Distressed Way

Top Sales Tips: Get The Best Out Of Your Estate Agent

Top Tips For Insuring Unoccupied Holiday Homes In Spain

TRG for Sellers

Update On The Euro From Moneycorp

Valenica Land Law Abuses Fight For Justice Continues

Weekly Euro Update - 18 May 2010

Weekly GBP Euro Update - 20 July 2010

What is a comunidad de propietarios?

What The Future Holds For The Spanish Property Market

What to Do If Unable to Pay Off a Mortgage to a Bank in Spain?

What's Happening With Aifos?

Where Is The Eurozone Economy Heading?

Why Do So Many Still Put Spain Down?

Why Is My Spanish Property Not Selling?

Why to Insure Your Spanish Home in UK

Wills in Spain - No Will....No Way

Your Property on the Web - Simple!

Click here for a list of all the articles from our magazine 

Spain insurance services

This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x