Voting at the owners' meeting if the flat has several titleholders: what to check before attending
If your home belongs to several co-owners, is subject to usufruct, or has been transferred recently, it is advisable to check who may attend, who may vote and how to document representation to avoid challenges or votes not being counted.
When it is advisable to check who may vote in the community
Before an owners' meeting, it is not enough to know that you are the owner of a dwelling. If the flat is held in co-ownership, is subject to usufruct, or if there has been a recent transfer, it is advisable to check in advance who has the right to attend and vote, and under what conditions. The Horizontal Property Act distinguishes between participation in the meeting and the right to vote, and also links voting rights to being up to date with payment of overdue debts to the community (Law 49/1960, art. 15).
This issue often gives rise to practical doubts because, in the same dwelling, there may be several people with different interests: a bare owner, a usufructuary, several joint owners or a representative appointed to vote on behalf of all of them. If this is not properly evidenced, the community may consider the vote invalid or not count it towards the majorities.
Who may attend and who may vote
The general rule is straightforward, but it has important nuances:
1. **Attendance may be in person or by legal or voluntary representation**.
2. **If a dwelling belongs to several owners in co-ownership, they must appoint a representative to attend and vote**.
3. **If the dwelling is subject to usufruct, attendance and voting rights belong to the bare owner**, although the usufructuary will be deemed represented unless the matter concerns certain resolutions that require express delegation (art. 15 of the Horizontal Property Act).
4. **If the owner is not up to date with payment of overdue debts to the community and has neither challenged them in court nor lodged them, they may attend but may not vote** (art. 15.2).
In practice, this means you should check not only the title deed, but also whether there are any outstanding community debts and whether the community has included you in the list of owners deprived of voting rights in the notice of meeting.
Steps to check your voting rights before the meeting
1. **Check who is listed as the owner or owners** of the dwelling in the deed or title search.
2. **Check whether there is any usufruct, co-ownership or any restriction** that changes who represents the dwelling at the meeting.
3. **Verify whether there are any overdue debts to the community**. If there are, voting rights may be suspended until you pay, challenge or lodge the amount due with the court or a notary.
4. **Read the notice of meeting carefully**. It must state the matters to be discussed and include the list of owners without voting rights where applicable (art. 16 of the Horizontal Property Act).
5. **If several people are co-owners, appoint a representative in writing** before the meeting.
6. **If you cannot attend, grant clear, signed representation**. It is advisable to specify which meeting it relates to.
Common mistakes that can cost you your vote
- Thinking that being the owner is enough to vote, even if there are overdue debts.
- Failing to appoint a representative when the dwelling belongs to several co-owners.
- Assuming that the usufructuary can always vote, when for several resolutions the law reserves the vote to the bare owner or requires express delegation.
- Not checking the agenda and discovering at the meeting that the matter you are interested in cannot be resolved because there is no valid representation.
- Ignoring the notice of meeting and failing to check whether the community has deprived you of voting rights because of a debt you consider disputed.
What you can do to avoid problems at the meeting
If you anticipate a dispute, the wisest course is to leave everything documented before the meeting. The community can adopt valid resolutions, but they may also be challenged if the law or the bylaws are breached (art. 18 of the Horizontal Property Act). That is why an ambiguous representation or poorly handled debt can end up complicating a decision that initially seemed routine.
As a general guide, if you are going to sell, buy or keep a flat with several titleholders, it is also advisable to check how the relationship with the community will stand after the transfer. If you would like a general estimate of your home's value in Madrid, you can request it via online valuation; the report is indicative, provides a range and PDF, and can be completed with an optional visit. If you would prefer us to review your case in a more personalised way, you can write to us via contact.
When to seek professional help
Although these rules are general, each case may change depending on the title deed, the bylaws or the specific debt situation. If your home is in co-ownership, there is usufruct, or you suspect that a resolution may be passed with a questionable vote, it is worth reviewing the documents before the meeting rather than afterwards.
At UBICASA, at Calle Montesa 29, Madrid, we are open Monday to Friday from 10:00-15:00 and 16:00-19:00, if you would like to bring the documents and discuss your case calmly. This guide is for guidance only and does not replace individual advice.
If you would like to go further, read our related guide: Energy efficiency works in the owners’ association: what the owner should check before voting.