This article explains the rules in Catalonia, where the Catalan Civil Code applies to owners’ associations. Other Spanish regions follow the national Horizontal Property Act.
Before refurbishing a facade, waterproofing the roof or installing a lift, the owners’ association (comunidad de propietarios) has to decide at a general meeting (junta). In Catalonia the rules are not those of the national Horizontal Property Act (Ley de Propiedad Horizontal) but those of Book Five of the Catalan Civil Code, which distinguishes between types of work.
Upkeep and repair works are an obligation
The owners’ association must keep the common elements in a safe, watertight, habitable, accessible and efficient condition, and the owners must bear the necessary upkeep and repair works (article 553-44). Repairing a facade that is shedding pieces, a leaking roof or damaged balconies is not an optional improvement: the meeting decides how and when, but not whether, it is done.
What is approved by simple majority
Simple majority is the general rule (article 553-25): the votes in favour must outnumber the votes against among the owners who vote, and the same must apply to their ownership shares (cuotas de participación). Among others, the following are approved this way:
- Works to remove architectural barriers or install a lift.
- Improvements required for the habitability, accessibility, safety or energy or water efficiency of the building, even if they affect the structure or the facade.
- Works to improve energy efficiency or install renewable energy on common elements, such as external wall insulation (ETICS).
- Loans to finance those works.
- Any decision for which the law does not set another majority, such as upkeep works.
What needs four-fifths
Physical alterations that affect the structure or the external appearance and are not among the above — for example, changing the look of the facade for aesthetic reasons or building a swimming pool — need the votes in favour of four-fifths of the owners, who must also represent four-fifths of the shares (article 553-26).
So that absences do not block the decision, the law allows them to be approved by simple majority at the meeting if, within the month after the decision is notified, four-fifths is reached by counting as in favour those absent owners who have not objected in writing.
How the cost is shared
Common costs are paid according to the ownership share of each flat or commercial unit, unless the deed of division (título de constitución), the bylaws (estatutos) or a decision of the meeting provide otherwise (article 553-45). Not using a common element does not exempt you from paying for its maintenance, unless the bylaws provide for this.
There is an exception for new facilities or services that the law does not require: owners who vote against do not have to pay for them if the cost exceeds a quarter of the association’s annual budget (article 553-30). This does not apply to upkeep works or accessibility works.
Source: Catalan Civil Code, Book Five (consolidated text in the BOE, Spain’s official gazette). This article is for information only and summarises the Catalan rules in force when it was written. For a specific case, ask your property manager (administrador de fincas) or a lawyer.
From idea to works, step by step
Diagnosis
A technical report or the building inspection (ITE) itself describes what is wrong and what needs doing. Without a diagnosis, the meeting ends up debating opinions.
Comparable quotes
Ask for quotes broken down item by item, with the same measurements and the same scope, so that you can compare them.
Agenda
Only items included on the agenda can be approved, so the works, the quote and the method of payment must appear in the notice of the meeting.
Meeting and minutes
The vote is taken, recorded in the minutes and notified to the owners, including those who did not attend.
Special levy or financing
It is decided how and when each owner pays: a special levy (derrama), the reserve fund or a loan.
Works
With the decision, the permit and the planning in place, the works begin. We explain this in how we work.
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