Can solar panels be installed on the building's communal roof? What majority is needed?

Question

José Manuel Alburquerque · Accepted Answer

Yes, with a resolution of the owners' general meeting passed by a simple majority, whether the panels are for the whole owners' association (the “comunidad de propietarios”) or are requested by one or more owners for their own consumption. Neither a four-fifths majority nor unanimity is needed, even if the installation changes the external appearance of the building or the by-laws have to be amended. Panels for the whole association are paid for by all the owners according to their participation share, including those who voted against if the cost does not exceed three-quarters of the annual ordinary budget. Panels for private use are paid for by those who request them, who are also responsible for their maintenance. What can be approved by a simple majority The Catalan Civil Code allows the following to be approved by a simple majority of the general meeting: The installation of panels and other renewable energy systems for shared use on the roof or on other common parts. Panels for the private use of one or more owners on common parts, at the request of those concerned. If the installation allows it, the other neighbours can join later, paying what their share would have been at the outset, duly updated, plus the cost of adapting it. Sharing the energy with other owners' associations or taking part in a local energy community. Loans to pay for these works, unless they are repaid over more than fifteen years, in which case four-fifths is required. The simple majority is counted only among the owners who vote at the meeting. If you did not attend and want to challenge the resolution, you must object in writing, by a means that leaves a record, within a month of being notified of it. In the rest of Spain, even one third of the owners representing one third of the participation shares is enough, although in that case the installation cannot be charged to those who did not vote in favour. In addition to the resolution, the installation needs whatever building permit or prior notification the town council requires. The resolution of the general meeting does not replace that formality. Who pays for them If the panels are for the whole owners' association, they are paid for by all the owners according to their participation share, the percentage that each flat or commercial unit holds in the building. Those who voted against also pay if the cost, after deducting public grants, does not exceed three-quarters of the association's annual ordinary budget. For example, with an ordinary budget of 40.000 euros a year, everyone pays if the panels cost 30.000 euros or less, after deducting grants. Above that figure, in principle, an owner who voted against does not have to pay for them, as with other new installations that the law does not require. If the panels are for private use, they are paid for by those who requested them, who also take on all their upkeep and maintenance. If the owners' association later puts in a shared installation that is not compatible with the private one, it is responsible for removing the private one and must pay compensation for any damage caused by the removal. If the roof is for the exclusive use of one owner, that owner can install panels at their own expense without a resolution of the general meeting, but must first send the technical project to the president or the managing agent thirty days in advance. Within that period, the owners' association can propose a reasonable alternative that does not make the project substantially more expensive. If it does not propose one, the owner can carry out the installation, the maintenance of which will also be at their expense.