Calling a homeowners' meeting and ensuring that an agreement is reached has become, in recent years, an exercise in legal precision. Understanding the homeowners' meeting agreement majorities required for each type of work, and how delinquency can alter the outcome of a vote, makes the difference between a swift meeting and a deadlock that drags on for months. Added to this are the legal developments that are reshaping the day-to-day of communities and administrators in matters of defaults and accessibility.
Delinquency: new tools and their direct effect on voting
Delinquency remains, by far, the problem that most wears down communities. A structural issue that already affects almost half of the communities, with a direct impact on building maintenance and the economy of thousands of families, and the accumulated debt exceeds 1.6 billion euros nationwide. It is not necessary to accumulate several unpaid bills to enter this situation: with just one pending fee, the owner is already affected by the limitations set by law.
Among the tools that communities can activate today against homeowners' community delinquency are:
- Delinquent owners may face interest payments of up to 8% if the homeowners' association approves it by majority, always without retroactive effect on debts prior to the agreement.
- Temporary deprivation of the use of non-essential services, such as a pool or gym, while the debt persists.
- The initiation of the payment order procedure to judicially claim the owed amount.
- The loss of voting rights in meetings while the owner is not up to date with payments, a limitation that must be expressly reflected in the minutes.
This last point is precisely what generates the most confusion in meetings. Article 15 of the law requires that the minutes of each meeting reflect which owners are in this delinquency situation, but this information must be handled with caution: the community cannot publish lists of delinquents in common areas or send nominative circulars to all neighbors, and it is only possible to provide the information in the context of the meeting call and the agenda. An error at this point can end in a claim before the Spanish Data Protection Agency, in addition to neighborhood conflict.
It is also advisable to keep in mind a relevant change in the procedure prior to the judicial route: before suing a delinquent, it is increasingly common for the community to first attempt an extrajudicial solution, reinforcing the role of mediation as a mandatory step before going to court.
Majorities in the homeowners' meeting: what the law requires according to the agreement
Not all agreements require the same support. Knowing the exact threshold prevents a necessary work from being blocked due to lack of quorum or, conversely, an agreement approved with insufficient majority from being invalidated. Some practical examples that set the trend this year:
- Solar self-consumption installations in common areas (roof, terrace, facade): a favorable vote of one-third of the owners representing one-third of the shares is enough, a reduced majority designed to avoid the blockages that previously required one-third only for infrastructure and a simple majority for execution.
- Accessibility works linked to reasonable adjustments: when there is an owner or resident with a recognized disability or of advanced age, the obligation to execute the work can be imposed without the need for unanimity, as long as the cost remains within the limits set by the regulation.
- Challenging agreements: only proceeds for specific causes, and the deadlines vary depending on the reason, which requires acting quickly if an owner wants to formally oppose.
For a property manager, being clear about which majority corresponds to each agenda item before drafting the call saves unnecessary discussions during the meeting and reduces the risk of subsequent challenges.
Mandatory accessibility works: cost distribution continues to generate doubts
One of the debates that generates the most inquiries among communities is who should pay for the mandatory community accessibility works when some owners are exempt from using the elevator or the entrance. The recent jurisprudential trend indicates that when the work is considered necessary to ensure reasonable accessibility adjustments, the obligation to contribute also extends to those who do not directly use these facilities, which forces many communities to review the distribution of assessments and to clearly explain to affected owners why, in these cases, they must bear part of the cost.
This type of work often coincides in time with other maintenance or energy efficiency interventions, so it is advisable to plan them jointly and have specialized professionals who know both the technical regulations and the usual execution deadlines.
Best practices for administrators and community presidents
- Review the reserve fund before approving major works: the law requires maintaining it, at a minimum, with a percentage of the last approved ordinary budget.
- Include in the meeting call, clearly, what majority is required for each agenda item.
- Always document in writing (registered letter or reliable notification) any communication related to delinquency.
- Request several quotes before bidding for an accessibility or energy efficiency work, to justify the decision to the meeting.
To find verified professionals to accompany the community in accessibility works, renovations, or energy installations, the ForConnect professionals directory allows comparing trusted specialists according to the area and type of intervention.
Conclusion: anticipating avoids blockages and conflicts
Between delinquency, the majorities required in meetings, and mandatory accessibility works, the legal management of a homeowners' community today requires more rigor than ever. Staying up to date on these developments is not just a matter of regulatory compliance: it is the best way to avoid neighborhood conflicts, challenges, and delays in necessary works. If your community needs to plan an accessibility, energy efficiency, or renovation intervention and you are looking for verified professionals, you can request a quote at ForConnect and receive proposals adapted to the real needs of your building.