Rules regarding community decisions
During the summer months, many communities take advantage of the presence of the property owners to hold the annual general community meetings.
In this article, we will consider the majorities that are required for the adopting of different types of decisions within a community and other relevant considerations.
Pursuant to article 17 of the Law on Communally Owned Property (Ley de Propiedad Horizontal), the approval of the decisions of the community are subject to the following rules:
1.- The installation of private or communal appliances to take advantage of renewable sources of energy, the installation of communal infrastructure for access to the said services or the necessary infrastructure to access new collective energy supplies may be approved at the request of any owner by at least one third of the members of the community that represent at the same time at least a third of the shares of ownership. However, the community may not charge the owners who voted against the said decisions for the cost of the installation or adaptation of the communal infrastructure nor the costs arising from their maintenance or conservation.
The owners who do not initially vote in favour of the said installations may opt to reverse their decision in the future and would then be li- able to make payment of the proportional updated cost of installation in addition to the legal interest due on the said amount.
2.- As a general rule, the construction or establishment of new services for the purpose of eliminating architectural barriers that hinder the access or mobility of disabled persons, or the establishment of a lift, even when this entails the modification of the constitutive title, will require the favourable vote of the majority of the owners that, at the same time, represent a majority of the shares of ownership.
3.- The establishment or abolishment of caretaker or surveillance services or other communal services of general interest whether they imply the modification of the constitutive title or not will require a majority of 3/5ths of the owners that at the same time represent 3/5ths of the shares of ownership. The same rule is applicable to the rental of a communal element that does not have a specifically assigned use within the community or those systems that are not included within point 1 above if they aim to improve the energy efficiency of the building.
4.- For the installation of new services, installations or improvements that are not required for reasons relating to maintenance, conservation, security or accessibility, the cost of which exceed an amount equivalent to three months of ordinary community fees, a majority of 3/5ths of the owners who at the same time represent 3/5ths of the shares of ownership are required. Those owners who vote against the proposal will not be obliged to contribute to the cost even if it is impossible to prevent them from benefitting from the improvement.
5.- To approve the installation of a private charging point for electrical vehicles in the parking area of the community, it is only necessary to send a notification to the community prior to carrying out the installation. The cost of the installation and the electricity consumption will be paid for by the person who benefits from the said installation.
6.- Any agreement that has not been expressly referred to above and which implies a modification of the constitutive title of the community or its statutes requires the unanimous approval all the owners who represent all the shares of ownership.
7.- For the approval of the remainder of decisions, a simple majority of owners who represent a simple majority of the shares of ownership is sufficient. If the said majority cannot be achieved at the first call of the meeting, a simple majority of the owners present who represent at the same time a majority of the shares of ownership present at the meeting would suffice.
Although the meetings tend to be held in August to improve the attendance, not all the owners are present and therefore, as a general rule (to which there are several specific exceptions), the owners who received the notification calling the meeting and who do not challenge the decisions adopted within 30 days of having received the minutes as per article 9 of the Law on Communally Owned Property are understood to have voted in favour of the proposal which was voted on.