It is not unusual for decisions to be taken within Owners’ Associations with which not all residents agree.
In such cases, the best solution is undoubtedly to try to reach an agreement that satisfies, as far as possible, all the residents and helps to maintain good neighbourly relations.
However, this is not always possible. For this reason, we are often asked by our clients about the possibility of challenging a decision taken by their Owners’ Association with which they disagree, and about the best way to do so.
Below we summarise the key aspects relating to these issues.
1. In what circumstances can I challenge a decision taken by my Owners’ Association?
Pursuant to Article 18 of the Horizontal Property Act (“Ley de Propiedad Horizontal”), resolutions adopted by the General Meeting of an Owners’ Association may be challenged in the following cases:
- When they are contrary to the Association’s articles of association, which is why it is always advisable to review this document before deciding whether to challenge a resolution adopted by your neighbours.
- When they are contrary to the law. This is the case, for example, where a decision is taken without the required majority of owners or where it infringes planning regulations.
- Where the resolution is seriously detrimental to the interests of the Owners´ Association, even if it benefits one or more individual owners.
- Where the resolution causes serious harm to an owner that they are not obliged to bear, or where it is adopted as an abuse of rights. These situations arise where the decision taken by the Owners´ Association is disproportionate, lacks reasonable justification or is discriminatory (for example, where an owner is prevented from carrying out an action that has been authorised for other owners without any justification for such differential treatment).
In order challenge a resolution, it is necessary that you voted against its approval at the General Meeting or that, at the very least, you formally reserved your vote — it is sufficient to state aloud “I reserve my vote” at the time of voting. Merely abstaining from voting, without saying anything further, is not sufficient to enable you to challenge a decision with which you disagree.
You may also challenge resolutions of the Owners’ Association if you did not attend the General Meeting at which they were adopted or if you were prevented from voting without justified cause. However, if you did not attend the meeting, you must first express your disagreement with the adopted resolution in writing within thirty calendar days from the date on which it is notified to you.
As a rule, in order to challenge decisions of the Owners’ Association, you must not have any outstanding debts to the Association, or you must settle such debts before doing so. This requirement does not apply where the challenge relates to the establishment or modification of participation quotas or financial obligations imposed by the resolution.
Once it has been clarified when it is possible to challenge a resolution, it is worth analysing how to do so, which we address below.
2. How can I proceed if I ultimately decide to challenge a decision taken by my neighbours?
If the above requirements are met, you may challenge the decision taken by the Owners’ Association to which you belong.
The time limit for doing so is one year where the challenged resolution is contrary to the law or to the articles of association, and three months in all other cases. This period begins to run from the date of the General Meeting if you attended it, or from the date on which the minutes of the meeting are sent to you if you were absent for any reason.
The challenge must be brought by filing a claim before the Civil Courts with jurisdiction over the locality in which the property forming part of the Owners’ Association is situated. To file such a claim, you must be assisted by a lawyer and represented by a court agent (“procurador”), who will advise you, represent you and defend you before the courts.
Prior to filing the claim, it is necessary to propose to the Owners’ Association that an agreement be reached or that some form of negotiation or alternative dispute resolution mechanism be used to resolve the conflict amicably. Your lawyer will also be able to advise you on the most appropriate way to comply with this requirement.
3. What can I expect after challenging the decision of my Owners’ Association?
If it is not possible to reach an agreement with the Owners’ Association and you ultimately decide to bring a claim against it, judicial proceedings will be initiated before the court with which the claim has been filed.
The proceedings begin with the admission of the claim. The claim is then served on the Owners’ Association, which may, if it so chooses, file a defence within twenty working days from receipt.
Subsequently, the court will set a date for a hearing known as the “preliminary hearing”, at which, among other matters, the evidence to be presented at trial will be determined (each party may propose, for example, the appearance of a witness or expert whose testimony may support their claims).
Finally, the trial will be held, during which the evidence proposed by the parties will be examined. Once the trial has concluded, the judge will issue a judgment in the following days, based on the parties’ submissions and the evidence produced.
This judgment may be appealed before the Provincial Court (“Audiencia Provincial”) if any of the parties to the proceedings is not satisfied with its content.
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Madrid, 8 January 2026.
¹In some proceedings where the amount in dispute is not high, a single hearing is held (instead of a preliminary hearing and a trial), at which evidence is proposed and examined in a single session. A single hearing is also held in cases where the claim does not seek exclusively the payment of sums of money (regardless of the amounts claimed).