How and within what time limit can a resolution of the owners' association be challenged? How much does it cost?

Question

José Manuel Alburquerque · Accepted Answer

It is challenged by bringing a claim against the owners' association (the “comunidad de propietarios”), with a lawyer and a court agent (“procurador”), within a time limit that runs from when you are notified of the minutes. In Catalonia it is one year if the resolution is contrary to the law or the by-laws or is abusive. If it is merely prejudicial to the association or seriously prejudicial to an owner, it is three months. Only those who voted against, absent owners who objected in writing within the month following notification and those who were wrongly deprived of their vote can challenge it, provided they are up to date with their payments. The cost depends on the fees of the lawyer and the court agent and on the risk of having to pay the association's costs if you lose. Who can challenge and on what grounds Resolutions can be challenged on two types of grounds, each with its own time limit: One year if they are contrary to the law, the by-laws or the deed of constitution, which is the document that creates the association. Also if they amount to an abuse of rights. Three months if they are contrary to the interests of the association or seriously prejudicial to an owner. The owners who can challenge are those who voted against, absent owners who objected in writing within the month following notification of the resolution and those who were wrongly deprived of their vote. Those who voted in favour cannot do so, nor, in principle, can those who abstained, because their vote is added to that of the majority. In addition, you must be up to date with the payment of any debts to the association that had fallen due when the resolution was adopted, or lodge the amount (“consignar”), that is, deposit it with the court or with a notary at the association's disposal. The time limit The time limits run from when you are notified of the minutes or, for four-fifths and unanimity resolutions, of the annex with the final result. They are time bars, so they are not interrupted by a mere complaint or claim to the association. For example, if you receive the minutes on Monday 16 November 2026, the one-year time limit ends in principle on 16 November 2027 and the three-month one on 16 February 2027. Do not leave it until those dates. Since April 2025, before bringing a claim it is generally necessary to attempt negotiation with the other party. It is not clear whether this is needed to challenge a resolution of the association. At least one court has held that it is not, because the validity of a resolution does not depend solely on the will of the president. Given the doubt, the prudent course is to send the association, as soon as possible, a proposal to negotiate that clearly identifies the resolution and to file the claim with time to spare, without waiting for the time limit to run out. In the rest of Spain, the Horizontal Property Act (“Ley de Propiedad Horizontal”) counts the time limits from the day of the meeting, except for absent owners, who can moreover challenge even if they have not objected beforehand. The claim and what it costs The claim is brought against the association in the court of first instance for the place where the building is located. It follows the ordinary procedure, whatever the amount involved, so a lawyer and a court agent are required. Catalan law expressly states that the challenge does not suspend the resolution, which can continue to be applied. If you want to stop it while the proceedings last, you must ask the court to suspend it as an interim measure. All the arguments must be raised in the claim. Anything not argued then cannot be argued later in other proceedings on the same matter. The cost depends mainly on the fees of the lawyer and the court agent, so it is advisable to ask them for a quote beforehand. Private individuals do not pay a court fee. If you lose, you will normally be ordered to pay the association's costs as well, that is, what it has paid its lawyer and its court agent. The law limits what is paid for the other side's lawyer, unless the court finds recklessness, that is, that the claim was brought without any basis at all.