Challenging a community minutes: agreement, deadlines and requirements to check

What can be challenged and why it is worth reviewing the full minutes

If you want to challenge a community resolution, the first step is not to draft the claim, but to read the minutes carefully and check exactly what was approved, how it was recorded, and from when the time limit starts to run. The action to challenge is not meant to settle any disagreement with the community: article 18 of the LPH limits challenges to three specific cases: where the resolution is contrary to the law or the bylaws, where it is seriously detrimental to the interests of the community itself to the benefit of one or more owners, or where it causes serious harm to an owner who has no legal obligation to bear it or was adopted through abuse of rights. BOE-A-1960-10906

As of the check date, 2 November 2026, the framework you should review remains that of the consolidated LPH in the BOE. However, each case requires a distinction between general guidance and individual advice, because the same resolution may seem challengeable and yet not be, if the defect is only formal, or vice versa.

Requirements to check before challenging

Before taking the step, check these basic points:

1. **Your standing**: article 18.2 allows challenges by owners who voted in favour of saving their vote, by those absent for any reason, and by those who were wrongly denied the right to vote.

2. **Your payment status**: as a general rule, to challenge you must be up to date with the payment of all debts due to the community or have previously deposited the amount owed, either in court or before a notary.

3. **The exception for participation quotas**: that requirement to be up to date does not apply to challenges to resolutions relating to the establishment or alteration of the participation quotas referred to in article 9 between owners.

4. **The deadline**: the action becomes time-barred after three months from the date the resolution was adopted, unless it concerns acts contrary to the law or the bylaws, in which case it becomes time-barred after one year. For absent owners, the period runs from notification of the resolution in accordance with article 9.

In practice, the most common mistake is to count the deadline from when you read the minutes rather than from the legal date that applies. Another frequent error is thinking that it will be enough to argue against the resolution verbally at a later meeting: if you want to challenge it, the effective route is through the courts and within the deadline.

What to look at in the minutes before deciding

Article 19 of the LPH requires the minutes to include, at least, the date and place, the person who called the meeting, whether it was ordinary or extraordinary, the list of attendees and proxies, the agenda, and the resolutions adopted, with the votes indicated where relevant. It also states that the minutes must be closed with the signatures of the chair and the secretary and that, from the time of closure, the resolutions are enforceable unless the law provides otherwise. BOE-A-1960-10906

Pay particular attention to:

1. **Whether the matter was on the agenda**. If it was not, it must be analysed whether it was a matter that could validly be approved or whether there is a material defect.

2. **Whether the notice of meeting was correct**. Article 16 governs the notice of meeting and the minimum time limits for ordinary and extraordinary meetings.

3. **Whether the minutes properly identify the resolution**. Sometimes the wording is ambiguous and it is worth comparing the minutes, the notice of meeting and any prior documentation.

4. **Whether your vote, absence or deprivation of the right to vote is recorded**. This can be decisive for standing.

5. **Whether there was a later rectification**. Article 19 allows errors to be corrected, but it must be done before the next meeting and ratified.

Practical tip: keep a copy of the notice of meeting, the minutes and any later communication. If the resolution was notified to you through community channels, note the exact date of receipt or posting on the notice board, because that may change the calculation of the deadline if you were absent.

How to proceed step by step if you want to challenge

1. **Identify the exact resolution** you wish to challenge and the date on which it was adopted.

2. **Check whether you voted in favour saving your vote, were absent, or were wrongly denied the right to vote**.

3. **Verify whether you are up to date with payments**. If not, consider whether you must deposit the debt before bringing the claim, as that requirement may block the action except for the legal exception relating to participation quotas.

4. **Calculate the applicable deadline**: three months or one year depending on the type of infringement you are alleging.

5. **Gather the evidence**: minutes, notice of meeting, notifications, bylaws, title deed and any document proving the harm or illegality.

6. **Seek individual legal review** before filing the claim, especially if the resolution combines several issues or affects private and common elements.

Mistakes that can cause you to lose the challenge

- Letting the deadline pass while waiting for a later meeting.

- Challenging without checking whether there is an obligation to be up to date with payments.

- Confusing a complaint about management with a legal ground for challenge.

- Failing to distinguish between resolutions that are voidable for substantive defects and simple formal errors in the minutes.

- Ignoring that resolutions generally remain enforceable unless the court grants interim relief.

What happens while the challenge is being dealt with

The challenge does not of itself suspend enforcement of the resolution. Article 18.4 states that suspension may only be ordered by the judge as an interim measure, at the request of the claimant and after hearing the community. That means that, if the resolution causes you immediate harm, it is not enough simply to have filed the claim: you should also consider whether to ask for interim measures.

If, before going to court, you would like to organise the documentation and review the practical impact of the resolution on your home, you can request an online indicative valuation with PDF report and optional visit. And if you would like to discuss your specific case with a professional, you can use the UBICASA contact details. The office is at Calle Montesa 29, Madrid, with opening hours Monday to Friday from 10:00 to 15:00 and from 16:00 to 19:00.

In summary: what you should always check

1. Whether the resolution falls within any of the situations set out in article 18.

2. Whether you have standing to challenge.

3. Whether you are up to date with payments or have deposited the debt.

4. Whether the deadline is three months or one year.

5. Whether notification to the absent owner sets a different start date for the time limit.

6. Whether the minutes and the notice of meeting contain material defects that may strengthen your position.

The key is not just to “challenge the minutes”, but first to check whether the resolution can be challenged, whether you can bring the claim, and whether you are still in time.