I did not go to the owners' general meeting: does my vote count? Do the resolutions adopted affect me?

Question

José Manuel Alburquerque · Accepted Answer

The resolutions bind you even though you did not attend and, in general, they can be applied from the day of the meeting. In simple-majority resolutions, your vote does not count, because only the votes of those who take part in the vote are counted. In four-fifths and unanimity resolutions, on the other hand, your vote counts in favour if you do not object in writing within the month following notification of the resolution. In Catalonia, moreover, if you do not object in writing within that month, you will no longer be able to challenge the resolution in court. If the resolution requires a simple majority Only the votes of those who take part in the vote are counted, so yours does not count. But you have one month from when you are notified of the resolution to object to it in writing. If you do not, you are deemed to accept it. Objecting serves two purposes: Being able to challenge the resolution in court. Not having to pay for a new installation or service that the law does not require, where its total cost generally exceeds a quarter of the annual budget of the owners' association (the “comunidad de propietarios”). In return, you will not be able to use it until you pay your share. If the resolution requires four-fifths or unanimity Here your silence counts. You are notified of the resolution and, if you do not object in writing within the following month, your vote is added to those in favour. If you object, it counts against. The notice of the meeting must warn of this. If the resolution depends on the votes of absent owners, it is not approved until that month has passed, so it cannot be applied before then. If the votes in favour at the meeting already make up four-fifths of the total, the result cannot change. Once the month has passed, the association sends everyone an annex to the minutes with the final result. An example. In a building with 20 owners, each with 5 % of the participation shares and all up to date with payments, a four-fifths resolution needs 16 owners holding 80 % of the shares. The meeting is attended by 14. Of them, 13 vote in favour and 1 against, so the first requirement is met, that there should be a majority in favour among those voting. The resolution is notified to the 6 absent owners: If none of them objects within a month, the resolution is approved with 19 owners in favour, holding 95 % of the shares. If 4 of them object, only 15 owners are in favour, with 75 % of the shares. That falls short of 80 % and the resolution is not approved. How to object You will find out from the minutes, which the association must send you within ten days of the meeting. The month runs, in principle, from when you receive them. The written objection is addressed to the secretary or the managing agent and must be sent by a means that leaves a record of the date and the content, such as a “burofax” (a certified letter with proof of content). Clearly identify the resolution you are objecting to. If you do not object within that month, in Catalonia you can no longer challenge the resolution, even if you disagree with it. In the rest of Spain, the Horizontal Property Act (“Ley de Propiedad Horizontal”) allows absent owners to challenge resolutions even if they have not objected beforehand, which often confuses those who know those rules.