Many communities are currently holding their Annual General Assemblies, where property owners vote on the most important decisions for the community.

In a previous article, we explained who is entitled to vote in the General Assembly (property owners, representatives with a proxy, the legal guardian of a minor owner, the administrator of a company that owns a property, etc.).

Now, we will address the possibility of being deprived of the right to vote when community fees are not fully paid at the time of the General Assembly.

Article 15.2 of the Horizontal Property Law states:

“Property owners who are not up to date with the payment of all due debts with the community at the time the meeting begins and have not legally challenged them or proceeded with judicial or notarial consignment of the owed amounts may participate in discussions but will not be entitled to vote.”

Cases in Which a Property Owner Cannot Vote in the General Assembly

Several situations should be clarified to avoid disputes during the meeting. In all the following cases, the owner—whether present or represented—will not be allowed to vote:

1. The owner has paid for certain expenses that they believe should be reimbursed by the community and has offset this amount against outstanding community fees.
   • They will not be allowed to vote unless this offset has been previously approved by the community.
2. The owner considers the community fees incorrect.
   • They will not be allowed to vote unless they have filed a lawsuit against the community or have made a notarial consignment of the disputed amount.
3. The owner wishes to pay their community fees with a check at the beginning of the meeting.
   • They will not be allowed to vote, as Article 1,170 of the Spanish Civil Code establishes that a payment is only considered completed when the check has been cashed, not before.
4. The owner has made a bank transfer on the same day as the meeting, but the money has not yet been credited to the community’s bank account.
   • They will not be allowed to vote, since payment is only considered complete when the funds are available in the community’s bank account.
5. The meeting notice did not inform the owner that they owed money to the community.
   • They will not be allowed to vote, as prior notification of the debt is not required. What matters is whether the owner is in debt at the time of the meeting.
6. The owner has multiple properties in the community and only owes fees for one of them, but wishes to vote for the others.
   • They will not be allowed to vote, as having a debt in one property disqualifies the owner from voting, even if payments for their other properties are up to date.
7. The owner has paid ordinary community fees but not extraordinary fees.
   • They will not be allowed to vote, as all debts, including extraordinary fees, must be fully settled.
8. The owner has not paid the late payment surcharge established in a General Assembly agreement.
   • They will not be allowed to vote, as all debts, including penalties or surcharges approved by the Assembly, must be paid.
9. The owner has set up a direct debit for community fees and assumes that, since there are sufficient funds in their bank account, any payment failure by the bank is not their responsibility.
   • They will not be allowed to vote, as the responsibility for ensuring payment remains with the owner, regardless of whether the bank processed the payment or not.

Special Case: Recent Property Purchase

A particular scenario arises when a property owner has recently purchased the unit and has paid all outstanding community fees for the current year and the previous three years, but there are still unpaid debts from earlier years owed by the previous owner.

In this case, the new owner will not be considered a debtor and will be allowed to vote, as the Horizontal Property Law limits their liability to community fees from the current year and the three preceding years.

Conclusion

If you wish to ensure your right to vote in the General Assembly, it is highly advisable to verify in advance that you are up to date with all payments before the meeting.

Additionally, bear in mind that if you are a debtor at the time of the meeting, not only will you lose your voting rights, but you will also be unable to challenge in court any agreements approved during the meeting.