Does a commercial unit have to pay an extraordinary charge: what to check in the title

What you should check first in the title if they are claiming an extraordinary charge from you

When an owners’ association notifies an extraordinary charge and you are the owner of a commercial unit, the first step should not be to pay without more, nor to refuse automatically. The right thing to do is check exactly what the **constitutive title** says and, where applicable, the **bylaws**. That is where a special rule about expenses, quotas or exemptions may appear.

The key point is this: in horizontal property, the general obligation to contribute to common expenses is linked to the **participation quota** set out in the title or to what is specifically established. The Horizontal Property Act puts it like this in article 9.1.e): the owner must contribute “in accordance with the participation quota set out in the title or as otherwise specifically established” and it also clarifies that “non-use of a service does not exempt from the corresponding obligation” BOE, Law 49/1960, art. 9.1.e and 9.2.

That means that, for a unit, the question is not only whether there is an extraordinary charge, but **whether that extraordinary charge can be passed on to you under the title**.

The three items you must read: title, bylaws and resolution

To know whether a commercial unit has to pay an extraordinary charge, it is advisable to review these three items in this order:

1. **Constitutive title**: check the building description, the quota assigned to the unit and whether there is any express reference to specific expenses.

2. **Bylaws**: see whether there is a clause exempting the unit from certain expenses, or whether it only obliges it to pay some.

3. **Minutes or resolution of the owners’ association**: confirm which extraordinary charge was approved, for which work or expense and by what majority.

Article 5 of the LPH states that the title will set the participation quota and may also contain rules on “use, purpose of the building, its different flats or units, installations and services, expenses, administration and governance, insurance, maintenance and repairs” BOE, art. 5. That sentence is important because it means the expense regime does not have to be identical in every building.

Practical tip: do not rely solely on the purchase deed. Request or locate the horizontal division deed, the simple register extract if you have it, and above all the text where the bylaws or allocation rules are set out.

What exemptions may exist and why there is no universal rule

There is no universal rule saying that “commercial units never pay extraordinary charges” nor the opposite. It all depends on the combination of law, title and the association’s resolution.

There are several scenarios to distinguish:

- **Express exemption in the title or bylaws**: for example, if it is established that the units do not contribute to certain lobby, lift or staircase expenses.

- **Special participation provided for in the title**: some properties provide different coefficients or specific rules for certain elements.

- **A genuinely common expense**: if the extraordinary charge relates to a common element or service of the building, the general rule is contribution by quota, unless the title says otherwise.

In addition, article 17.2 provides that, when certain accessibility works are validly approved, the association is obliged to pay even if the amount charged annually exceeds twelve ordinary monthly common expense payments; and article 17.11 states that extraordinary charges for improvements are allocated to whoever is the owner when the amount becomes due BOE, art. 17.2 and 17.11. This helps to remember that the timing and type of extraordinary charge also matter.

What to check in the resolution before assuming you have to pay

If an extraordinary charge has already been approved, it is not enough to know that the meeting voted for it. You must check:

1. **What exactly has been approved**: maintenance work, repair, accessibility, improvement or a new service.

2. **Whether the expense affects the whole building or only part of it**.

3. **Whether the resolution expressly mentions the units**.

4. **Whether a special quota has been applied**.

5. **Whether the association is relying on the constitutive title or the bylaws to allocate it**.

Here it is useful to remember that article 14 gives the owners’ meeting responsibility for approving the budget for income and expenditure and ordinary or extraordinary works, but that does not cancel what the title says. The meeting decides the expense; the title and bylaws say how it is shared out.

Common mistake: thinking that, because the unit is in the building, it must always pay everything. Another mistake is the opposite: believing that because it is a unit, no extraordinary charge can ever apply. Both conclusions are too hasty.

What to do if you find an exemption or, conversely, if you do not find one

If, on reviewing the title, a clear exemption appears, keep a literal copy of that clause and compare it with the association’s resolution. If the resolution contradicts what was agreed, there may be grounds to object. If you do not find any exemption, the general position will be to contribute according to the quota or the special rule set out in the title.

Useful steps:

1. Request a copy of the constitutive title and the bylaws.

2. Read the expenses clause very carefully and literally.

3. Compare that clause with the nature of the extraordinary charge.

4. Review the minutes to see the nature of the resolution.

5. If in doubt, ask the managing agent or the chair for a written clarification.

If you wish, you can also use an **indicative valuation** of your property to organise the association and title documentation before a property decision, although that estimate does not replace an official valuation: /valoracion-vivienda-madrid.

What to do before challenging or paying

Before getting into a dispute, it is advisable to distinguish between two levels:

- **Documentary level**: what the title, bylaws and minutes say.

- **Individual legal level**: whether, in your specific case, there is a clause exempting you or whether the work falls within an exception.

The LPH allows resolutions to be challenged in certain cases, including when they are contrary to the law or the bylaws, or when they cause serious harm to any owner who has no legal obligation to bear it BOE, art. 18.1. But that does not mean that every disputed extraordinary charge should be challenged: first the documentation must be checked.

Practical recommendation: if your unit has received the payment demand, do not let time pass without reading the title. Many disputes are resolved by checking whether the expenses clause was truly general or had limits.

If you need us to review the title, the bylaws or the association resolution with you, you can write to us from /contacto. You can also visit our office at Calle Montesa 29, Madrid, Monday to Friday from 10:00 to 15:00 and from 16:00 to 19:00.

> General guidance based on the LPH in force on the date of the indicated check; to decide whether your unit must pay a specific extraordinary charge or not, the full text of the title and the association’s resolution in your particular case must be reviewed.