27 Feb Homeowners’ Meeting Without Your Presence: Is It Valid?
Living in a homeowners’ association is a common experience for most people residing in apartment buildings or residential complexes. These communities are managed through governing bodies such as the president, secretary, administrator, and most importantly, the homeowners’ meeting, which is the highest authority where decisions affecting all the homeowners are made.
According to Spain’s Horizontal Property Law (Ley de Propiedad Horizontal, LPH), the homeowners’ meeting must be held at least once a year to approve budgets and financial statements. Additional meetings can be called by the president or at the request of at least 25% of the owners or ownership shares. But what happens if you weren’t notified or didn’t attend a meeting? Are the decisions made still valid?
The law clearly states that all owners must be notified of the meeting, including those with outstanding payments. While owners in debt may attend without voting rights, they must still be informed. If a homeowner wasn’t properly notified of an upcoming meeting, they may challenge the decisions made, citing lack of due process.
To file a formal challenge, the owner must be up to date with payments or have made a judicial deposit for the outstanding amount. This ensures that only compliant owners can dispute community decisions. However, even a debtor who wasn’t notified can request the meeting be declared invalid due to improper notice.
Challenging a homeowners’ meeting is not easy, and it requires a formal process. It typically starts with a complaint to the community itself. If unresolved, the matter can be taken to court. Besides lack of notice, decisions can also be challenged if they violate the law, are seriously harmful to the community, or are made through abuse of rights.
At Barcelona Flat Hunter, we understand how important it is to be informed about your rights as a property owner. If you have questions about the validity of a homeowners’ meeting or need legal guidance, we’re here to help. A well-run community is key to harmony and well-being for all.
