Depending on the case, the community agreements should be approved by the unanimous consent; by a special majority of 3/5; by a simple majority, etc.

          This majority is not only of voters but also coefficients, so it would be required the double majority.

          The community decisions approved in the General Assemblies should also comply with the Law, the statutes of the community ( if any) and neither can mean an unfair damage to one or some owners, nor to be harm to the community itself.

          When the agreement does not respect these limitations, the owners are entitle to contest the agreement, but not everybody is clear about the requirements this owner or owners would have to comply with to be successful. 

          It is quite common to find people who think that a letter to the administration against the agreement is enough to stop its enforcement. This is absolutely wrong. The only way to contest a decision is starting a court procedure with a solicitor and a procurator.

          The Horizontal Property Law establish in the article 18 that the agreements could only be contested by the owners ( not the tenant, the administrator, the concierge or any other that would be considered a third party). Should the owner has been in the meeting he should have voted against the agreement ( You can not contest a decision if you voted in favour ). In addition, the owner who want to contest the agreement should be up to date with the payment of the community fees at the time the decision was made. It will be also necessary to pay or to deposit in court the amount of the community fees from the date of the general assembly until the date of presenting the case in court, except when the decision your are refuting is precisely approving a different way to share the community fees.

          You can not start the court procedure whenever you want, but in the period given by law, that is:

1.- A period of 3 months from the date of the general assembly ( if you attended to the meeting ) or 3 months from the date you get awareness or you are officially notified about the agreements taken, when you are contesting an agreement that is causing an unfair damage to you or to the community.

2.- A period of 1 year when the agreement is against the Horizontal Property Law or the statutes of the community.

Meeting agreements would be executable, no matter your claiming in court until the judge decides to stop it, provisionally or definitely.

          From this clause I would like to highlight:

1.- There is a period of time in which someone could go to court to stop the community agreement, being assisted by a solicitor an a procurator.

2.- You are not allowed to refute the agreement in court if you voted in favour of the agreement.

3.- To refute the agreement should be up to date in all the community fees.

4.- Unless the judge stop the agreement, this is enforceable

As always, think about it and take proper advice if you are against any community decision.

Jose Luis Navarro.

Intercala´s solicitor and property administrator