How to tell whether a community resolution binds you even if you did not vote
If you did not attend the meeting or voted against it, that does not always mean you can ignore the resolution. The key lies in the matter approved, the majority required, the subsequent notice and whether the community acted within the Horizontal Property Act.
When a community resolution can bind you even if you did not vote
In a community of owners, not all resolutions require unanimity. The Horizontal Property Act distinguishes between ordinary decisions, resolutions requiring reinforced majorities and particularly sensitive matters. That is why, even if you did not attend the meeting or voted against it, the resolution may still bind you if it was validly approved by the majority required.
The general rule is that resolutions adopted in accordance with the law are binding on all owners. This is set out in article 17.9 of the Horizontal Property Act. It is also important to remember that article 18 allows resolutions to be challenged in certain cases, but a challenge does not in itself suspend their enforcement.
It is worth distinguishing between two aspects:
1. **Validity of the resolution**: whether it was approved with the correct majority and on a matter the meeting was entitled to decide.
2. **Enforceability against you**: whether the resolution applies to you as an owner even if you were not present.
What to check first if you have received minutes or a notice from the community
Before assuming that you must pay, accept works or change how you use the property, check the following points:
1. **The specific item on the agenda**.
- Approving ordinary repairs is not the same as approving an improvement, a new installation or a change to the statutes.
2. **The majority applied**.
- Some measures are approved by simple majority.
- Others require three-fifths.
- Some actions, such as necessary accessibility or maintenance works, may be mandatory without a prior resolution in certain cases.
3. **Whether you were properly summoned**.
- The notice must state the matters to be discussed.
- If you did not receive it properly, that may be relevant when assessing your opposition or any possible challenge.
4. **Whether the resolution was notified after the meeting**.
- In several cases, the resolution is communicated to absent owners and, if there is no objection within the deadline, their votes are counted as favourable. This happens, for example, in resolutions under article 17.8 of the same law.
5. **Whether the resolution affects common expenses or a specific work project**.
- Not all resolutions create the same type of financial obligation.
Common cases in which the resolution can bind you
There are situations in which the law allows the community to decide and that decision is imposed on all owners:
1. **Ordinary common expenses**.
- Contributions to general expenses are apportioned according to the ownership share, unless the title deed or the statutes provide otherwise.
2. **Works for maintenance, accessibility or energy efficiency**.
- Article 10 of the Horizontal Property Act sets out mandatory actions and others that may be approved by specific majorities.
3. **Properly approved improvements**.
- If they are approved by the required majority, they can bind everyone, although dissenting owners do not always bear the cost on the same terms.
4. **Use rules or internal regulations**.
- If they do not alter the title deed or the statutes, they can be approved by the community and be enforceable.
5. **Agreements on tourist activities**.
- Article 17.12 governs the majority needed to approve, limit, condition or prohibit the activity linked to article 5.e) of the LAU in the applicable sectoral terms.
Step-by-step: what to do if you believe the resolution should not bind you
1. **Read the full minutes, not just the summary**.
- Check the date, the agenda, the votes and the majority used.
2. **Check whether you were up to date with payments**.
- At certain meetings, an owner with overdue debts may take part in discussions but not vote, unless there has been court payment or a prior challenge in the terms of article 15.2 of the law.
3. **Check whether the resolution falls under simple majority, qualified majority or unanimity**.
- If the majority was insufficient, there may be grounds for a challenge.
4. **Assess whether there is real detriment or a legal breach**.
- Article 18 provides for a challenge where the resolution is contrary to the law or the statutes, harmful to the community or detrimental to an owner who is under no legal obligation to bear it.
5. **Decide whether it is better to challenge or negotiate**.
- Not every disagreement justifies legal action. Sometimes it is enough to request documentary clarification or propose an amendment at the next meeting.
Common mistakes to avoid
- Thinking that not attending the meeting automatically exempts you.
- Confusing a proposal with a resolution that has already been approved.
- Ignoring the notice period or the possibility that your absent vote is counted as favourable.
- Paying a special levy without first asking for the minutes and the detail of the resolution, if you do not understand its basis.
- Mixing up the question of the resolution’s validity with the question of whether it is sensible.
What you can do if you want to check your position before buying or selling
If you are about to buy a property in a community, or you are thinking of selling and want the paperwork in order, it is also wise to review the title deed, the statutes and the latest meeting resolutions. In a sale and purchase, these matters help avoid surprises about pending works, special charges or the use of common elements.
If you need an indicative valuation of your property, you can request it through online property valuation in Madrid. You will receive an indicative range and a PDF report; if you wish, you can also request a visit. To resolve a specific case or review documentation before signing, you can write to us via contact. Our office is at Montesa 29, Madrid, and we are open Monday to Friday from 10:00 to 15:00 and from 16:00 to 19:00.
This content is general guidance. If the resolution affects your home, a significant special levy or a possible dispute, it is advisable to review the minutes and the specific documentation before acting.
If you would like to go further, read our related guide: How to tell whether the garage space is included in the sale of the flat.