Carlos Baos – Disputes in Homeowner’s Associations

Notifications issues and court contestation.

If you regularly read our articles, you already know that homeowner associations are often a source of problems. Recently, we have written several articles about conflicts and lawsuits related to vacation rentals, community improvement works, etc. that ended up in court. In which we obtained favourable rulings for our clients. This week we turn our focus to an essential aspect of community of owner’s agreements contestations: the notification of meetings, and the significant legal ramifications if it is not conducted correctly.

The Horizontal Property Law mandates specific procedures for notifying homeowners about meetings. Proper notification must include the date, time, location, and agenda, ensuring that all owners have the opportunity to participate. Without proper notice, decisions made at these meetings can be contested and potentially annulled.

Let’s analyse it from two angles.

• First, how should meetings be scheduled? How much notice should be given to property owners? It largely depends on the type of meeting. For an ordinary meeting, it is mandatory to notify all the neighbours at least six days in advance. On the other hand, for extraordinary meetings, the law is ambiguous. And it only states that notice must be given as early as possible.

• What happens when a property owner is not properly notified? A neighbour not being properly informed about a meeting, constitutes a violation of the Horizontal Property Act and the owner’s rights. Consequently, the owner can go to court to have the meeting (and any decisions made therein) declared null and void.

Although the deadline for challenging an agreement voted in a meeting where some of the neighbours have not been properly summoned is one year, we understand that it’s crucial to act quickly, and the sooner the agreement is contested at court, the better. In the court process it will be the homeowners’ association who must demonstrate that they provided proper notice of the meeting. As this obligation falls on their shoulders.

The absence of a neighbour from a homeowners’ meeting can significantly impact the outcome of vital decisions. Without proper notification, important agreements might be approved or rejected, potentially harming your interests. At White-Baos we stand ready to assist you. If you suspect that meeting notifications were not handled correctly, do not hesitate to reach out to us for professional legal advice and representation.

You may be interested in the following services and articles:

New court success. Nullity of the ban on Tourist Rentals Agreement in a Community of Owners. Horizontal Property Law. Expert legal advice..

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Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: info@white-baos.com

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