Challenging Homeowners’ Association Agreements in Spain

This post addresses a crucial topic for residents in homeowners' associations: the process of challenging agreements adopted in meetings. According to the Horizontal Property Law (LPH), there are specific provisions that allow homeowners to contest decisions made by the association.

Legal Procedure

The law establishes that any agreement adopted by the homeowners' meeting can be challenged through an ordinary judicial procedure, as set forth in Article 249.8 of the Civil Procedure Law. This process applies regardless of the amount claimed and allows legal actions against decisions that violate the Horizontal Property Law or the association's statutes.

Grounds for Challenging Agreements

According to Article 18.1 of the LPH, an agreement may be challenged if:

1️⃣ It is contrary to the law or the association's statutes. If not contested within one year, it becomes valid by default. However, if the agreement violates any legal provision outside the Horizontal Property Law, it is deemed null and void.

2️⃣ It seriously harms the interests of the community for the benefit of one or more homeowners.

3️⃣ It causes significant damage to a homeowner who is not legally obligated to bear it or has been adopted through abuse of rights.

Who Can Challenge Homeowners’ Association Agreements?

As per Article 18.2 of the LPH, the following individuals are eligible to challenge agreements:

✅ Homeowners who formally opposed the agreement during the meeting. To exercise the right to challenge, it is important that their disagreement was recorded in the meeting minutes. It is advisable to request a copy of the minutes to confirm how their vote was registered.

✅ Absent homeowners. Those who were not present at the meeting may challenge the decision if they notify the association secretary of their opposition within 30 calendar days after receiving the official notice.

📌 Upon notification of the meeting’s decisions, absent homeowners can:

• Explicitly express their disagreement with a specific decision by informing the association secretary in writing.

• Take no action. If they do not respond within the 30-day legal period, their vote will be counted as in favor of the agreement.

✅ Those who were improperly denied their voting rights.

⚠️ If a homeowner abstains from voting without explicitly stating that they “reserve their right to challenge”, they may lose the ability to contest the agreement later. This is why it is strongly recommended to ensure that any opposition or reservation of rights is clearly stated in the meeting minutes.

Requirements to Challenge an Agreement

To contest an agreement, Article 18.2 of the LPH requires that the homeowner must be up to date on all outstanding debts with the association.

If a homeowner has debts, they may still challenge an agreement if they deposit the owed amount in court and make it available to the association.

📍 This requirement does not apply to challenges related to changes in participation fees (Article 9 of the LPH).

Deadlines for Challenging Agreements

⏳ According to Article 18.3 of the LPH, the deadlines to challenge an agreement are:

• 3 months from the date of adoption.

• 1 year for agreements that violate the law or the statutes.

For homeowners who attended the meeting, the deadline starts from the date of the decision. For absentees, it begins when they receive the official notification.

Does Challenging an Agreement Suspend Its Execution?

🚨 No, filing a challenge does not automatically suspend the agreement’s execution. However, according to Article 18.4 of the LPH, a judge may grant a precautionary suspension upon the plaintiff’s request after hearing the association’s position.

This legal framework ensures that homeowners have mechanisms to challenge unfair or unlawful decisions while maintaining a balance in the governance of the community. If you need legal assistance regarding this process, it is advisable to consult a real estate law expert.