How are the owners' association's by-laws changed? Is unanimity required?

Question

José Manuel Alburquerque · Accepted Answer

In Catalonia, as a general rule, unanimity is not required. The favourable vote of four-fifths of all the owners entitled to vote is enough, provided they also hold four-fifths of the participation shares, the percentage each flat has in the building. Absent owners who do not object in writing within a month of being notified of the resolution count in favour. Unanimity is only required if the change affects matters such as the participation shares or the exclusive use of a common part. Afterwards, the change is formalised in a public deed and entered in the “Registro de la Propiedad”, the Land Registry. The majority and how it is counted The “Código Civil de Cataluña”, the Catalan Civil Code, requires four-fifths of the owners entitled to vote and, at the same time, of the shares. They are counted out of all the owners and shares, not out of those who attend the owners' general meeting. The process is as follows: The change must be on the agenda. The notice of the meeting must warn that the votes of absent owners will be added to whatever the majority decides, unless they object. At the meeting, the change needs more votes and more shares in favour than against among those voting. The resolution is notified to absent owners. Those who do not object within a month, by writing to the secretary by a method that leaves a record, count as votes in favour. Once that month has passed, an annex to the minutes is sent to everyone stating whether the change has gone through and with what result. For example, in a building of 20 flats with equal shares and all owners up to date with payments, 16 owners holding 80 % of the shares are needed. If 12 attend the meeting and 10 vote in favour and 2 against, the resolution is notified to the 8 absent owners. If 6 of them do not object, the change reaches 16 votes and goes through. If 3 object, it stays at 15 votes and does not go through, because they only add up to 75 % of the owners and of the shares. In the rest of Spain, the Horizontal Property Act (“Ley de Propiedad Horizontal”) as a general rule requires unanimity to change the by-laws, with exceptions such as holiday lets, which can be restricted or banned with a three-fifths majority. When unanimity is required or less is enough Even if the change is made in the by-laws, the favourable vote of all the owners entitled to vote is required to: Alter the participation shares. Detach from a flat the storage room or parking space attached to it. Give one or more flats exclusive use of a courtyard, a terrace, a roof or another common part. Grant the use of common parts free of charge or create the right to build additional storeys. Here too, absent owners who do not object in writing within a month count in favour. But an owner whose share the resolution changes, or whom it deprives of the use of a common part, must consent expressly. On the other hand, a simple majority is enough for some works even if they require the by-laws to be changed, such as installing a lift or removing architectural barriers. The deed and the Land Registry Once approved, the president signs the public deed of the change before a notary, with the certificate of the resolution. It is then entered in the Land Registry. The change binds all the owners from the moment it is approved, including those who voted against. But until it is registered, it does not affect anyone who buys a flat without knowing about it. This is how holiday lets are banned, for example, although according to the “Tribunal Superior de Justicia de Cataluña”, the High Court of Justice of Catalonia, the ban does not apply to an owner who already had one operating with a licence and objected to the resolution.