Do I have to pay a special levy if I voted against it?

Question

José Manuel Alburquerque · Accepted Answer

Generally, yes. Resolutions of the owners' general meeting bind all the owners, including those who voted against. The exception is new common facilities or services that the law does not require, such as a swimming pool, when their total cost exceeds a quarter of the annual budget of the owners' association (the “comunidad de propietarios”). In that case, an owner who voted against does not have to pay for them, but cannot use them either until they pay their share. If you believe the resolution is unlawful or seriously harms you, you can challenge it, although that does not release you from paying in the meantime. The exception for new facilities The “Código Civil de Cataluña”, the Catalan Civil Code, releases from payment an owner who voted against a new common facility or service that the law does not require, if its total cost exceeds a quarter of the owners' association's current annual budget. For the calculation, public subsidies or grants and the costs of financing it through a bank are deducted from the cost. The limit is measured against the total cost and the owners' association's budget, not against what you have to pay. An example with an annual budget of 40.000 euros, a quarter of which is 10.000: A new swimming pool costing 60.000 euros with no subsidy exceeds the limit. An owner who voted against does not pay for it, but will only be able to use it by paying their share of the cost and of the maintenance, updated in line with the consumer price index. A new facility costing 8.000 euros does not exceed it. Owners who voted against pay for it too. If you did not attend the meeting, you can also rely on this exception if you object to the resolution in writing, sent to the secretary of the owners' association by a means that leaves a record, within the month following notification. If you do not, you are deemed to accept the resolution. In the rest of Spain, the Horizontal Property Act (“Ley de Propiedad Horizontal”) releases an owner who votes against a non-essential improvement if their share of the cost exceeds three months of ordinary common expenses. When you pay even if you voted against The exception does not apply to: Works to maintain and repair the building, such as fixing the façade or the roof. Works and facilities required by law for reasons of safety, habitability, accessibility or energy efficiency. An owner who opposes without good reason those ordered by the public authorities, or delays them, is also liable for any fines imposed as a result. The installation of a lift and the removal of architectural barriers, which the law makes payable by all the owners. Common energy-saving or water-saving facilities and renewable energy facilities for common use, such as solar panels for the whole building, if their cost, after deducting subsidies, does not exceed three-quarters of the annual budget for ordinary expenses. With an ordinary budget of 40.000 euros, everyone pays for them if they cost up to 30.000. If you disagree You can challenge the resolution in court if it is contrary to the law or the by-laws, if it is abusive, if it goes against the interests of the owners' association or if it seriously harms you. In the first two cases you have one year from when you are notified of the minutes and in the others, three months. Since April 2025, before suing you must generally attempt to negotiate with the other side, although it is not clear whether this is needed to challenge a resolution of the owners' association. The prudent course is not to wait until the end of the time limit. To bring a challenge, you must be up to date with any debts owed to the owners' association that had fallen due when the resolution was adopted, or deposit the amount owed. The challenge does not suspend the resolution, unless the court so decides as an interim measure. So if you stop paying the special levy in the meantime, the owners' association can claim it from you.