Challenging owners' meeting resolutions

The owners' meeting is where the community makes its decisions: approving budgets, agreeing works, setting special levies or changing the rules of use. But not everything approved at a meeting is necessarily valid. When a resolution breaches the law or the bylaws, or unjustifiably harms an owner, it can be challenged.

This guide explains, in general terms, the situations in which a challenge is usually considered, what should be reviewed before deciding, and how the community can defend itself if it is the one being sued.

Every case is different, but the enquiries we receive tend to involve situations such as these:

• Resolutions adopted without the required majority.
• Meetings called incorrectly or without the item being on the agenda.
• Resolutions contrary to the community bylaws.
• Decisions that seriously and unjustifiably harm one or more owners.
• Allocation of expenses that does not respect ownership shares or what was agreed.

The Catalan Civil Code allows challenges to resolutions that breach the law or the bylaws, that seriously harm the association to benefit some owners, or that cause serious harm to someone with no duty to bear it. Standing depends on how each owner voted and whether they attended.

When challenging a resolution, timing is decisive. There are specific deadlines for going to court and, if they pass, the resolution may become final even if it was irregular. In Catalonia, the right lapses two months after notification of the resolution, or one year if it breaches the law or the bylaws. That is why we recommend contacting us as soon as you receive the minutes, even if you are not yet sure you want to challenge.

The notice of meeting and the agenda

We check how and when the meeting was called and whether the disputed resolution was on the agenda. Many irregularities are spotted at this stage.

The minutes and the majorities

We analyse how the vote went, what majority was reached and whether it was the one required for that type of resolution. In Catalonia, each type of resolution requires a different majority, and failing to reach it can render the resolution ineffective.

The bylaws and previous resolutions

The bylaws and the community's previous decisions may affect the validity of a new resolution. If your community needs to review or update its bylaws, you may be interested in our service on owners' meetings, minutes and bylaws.

Whether litigation makes sense

Not every irregularity justifies a lawsuit. We explain the real prospects, the foreseeable costs and the alternatives, such as raising the matter at a new meeting or negotiating with the community.

When an owner challenges a resolution, the community needs to defend its position with the meeting records. We analyse the claim, check whether the resolution was properly adopted and prepare the defence. Sometimes the best option is to correct the resolution at a new meeting; if so, we will tell you.

• The notice of meeting and the agenda.
• The minutes, with the list of attendees and the voting results.
• The notification of the resolution you received: its date starts the deadline to challenge.
• The bylaws and internal rules, if any.
• Documents showing the harm caused by the resolution (quotes, reports, correspondence).

If the dispute with the community ends up in court for other reasons, we can also assist you with real estate litigation.