What majority is needed to pass each resolution of the owners' association?

Question

José Manuel Alburquerque · Accepted Answer

It depends on the resolution. In Catalonia, the general rule is a simple majority of the owners who vote, who must also hold more participation shares in favour than against. For some resolutions, such as amending the by-laws, the law requires four-fifths of all the owners entitled to vote and of the shares. For a few, such as changing the participation shares, it requires unanimity. In any event, only what is on the agenda in the notice of the meeting can be voted on. Simple majority, the general rule Each vote is counted both by owners and by participation shares, which are the percentage that each flat or commercial premises has in the building. There is a simple majority when the votes in favour outnumber the votes against and, at the same time, the shares in favour exceed the shares against. Only those who take part in that vote are counted, whether in person, through a representative or by delegated vote. Abstentions are added to the winning side. An example. Votes are cast by 12 owners: 7 in favour, holding 40 % of the shares between them. 4 against, holding 22 %. 1 abstaining, with 5 %. The resolution is passed, because it has more votes (7 to 4) and more shares (40 % to 22 %) in favour than against. The abstention is added to the majority. It is the majority for everything that has no other majority laid down, such as approving the accounts and the budget or appointing the officers. The law also applies it, among others, to these resolutions: Installing a lift or removing architectural barriers, even if the by-laws have to be amended or the structure or the façade has to be altered. Works required for habitability, accessibility, safety or energy efficiency. Shared renewable energy installations, individual meters and broadband telecommunications infrastructure. Loans to pay for those works, if they are repaid in fifteen years or less. Approving or changing the internal rules, which set the rules for the use of the shared areas and services. Four-fifths and unanimity The four-fifths are calculated on all the owners entitled to vote and all the shares, not on those attending. In a building with 20 owners all holding the same share, 16 are needed, holding 80 % of the shares. They are required, among other things, for: Amending the deed of constitution, which is the document that creates the owners' association (the “comunidad de propietarios”) and describes the flats and commercial premises, or the by-laws. Carrying out works that affect the structure or the external appearance of the building, such as enclosing the terraces, except those that only require a simple majority, such as the lift or accessibility or energy-saving works. Building a swimming pool or other recreational facilities. Taking a common part out of common use, that is, turning it into a privately owned unit, for example in order to sell it. Letting common parts for more than fifteen years or taking out a loan to be repaid over more than fifteen years. Unanimity, that is, the vote in favour of all the owners entitled to vote, is required, among other things, for: Changing the participation shares. Giving one or more flats exclusive use of a courtyard, a terrace, a roof or another common part. Detaching an annex, such as the parking space or storage room that goes with a flat. Granting the use of a common part free of charge or allowing new storeys to be built. Absent owners also count in these resolutions. They are notified of the resolution and, if they do not object in writing within the following month, their vote is added to those in favour. In addition, if a resolution deprives an owner of the use of a common part or changes their share, that owner's express consent is required. In the rest of Spain, the Horizontal Property Act (“Ley de Propiedad Horizontal”) has different majorities and, for example, generally requires unanimity to amend the by-laws.