Can an owner who owes service charges vote at the meeting?
No, with some exceptions. In Catalonia, an owner who has outstanding debts to the owners' association (the “comunidad de propietarios”) when the owners' general meeting is held cannot vote, unless they have deposited the amount with the court or with a notary, which is known as “consignar”, or have challenged those debts in court. Even if they cannot vote, they can attend the meeting and give their views. The notice of the meeting must include the list of owners in arrears and warn that they cannot vote.
Alburquerque Abogados
José Manuel AlburquerqueWhat having no vote means
- The owner can attend and speak at the meeting, but does not take part in the votes.
- The law looks at whether the owner owes anything at the time the meeting is held. In principle, if the owner pays the whole debt before it starts, they get their vote back. It is advisable to bring proof of payment.
- If the owner disagrees with what is being claimed, they can deposit the amount or challenge the debt in court. That way they keep their vote while the matter is being disputed.
The list of owners in arrears
The notice of the meeting must include the list of owners who owe service charges to the association, with a warning that they may speak but not vote. That way each owner learns their position in time and can pay or deposit the amount before the meeting.
If the list is missing or contains errors, the resolutions are not automatically annulled. The Catalan courts usually annul them only where this has left an owner defenceless, that is, where it has prevented them from defending their rights, for example because they did not know they were listed as being in arrears. If the owner already knew about the debt, the courts do not usually annul them.
If an owner is prevented from voting without good reason, because they owed nothing or had deposited the amount, they can challenge the resolutions of that meeting.
To challenge, you must be up to date with payments
Owing service charges has another consequence. To challenge a resolution of the meeting in court, the owner must be up to date with the payment of the debts that had already fallen due when the resolution was adopted, or deposit the amount.
Stopping payment as a sign of disagreement therefore does not help. Resolutions bind everyone, including those who voted against. Moreover, non-payment leaves the owner without a vote and unable to challenge resolutions until they pay or deposit the amount.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.