There is no neighbor who does not shudder when he hears the word spills, an extraordinary payment that a community of owners demands to meet expenses not covered by the regular budget. These are, and will be, increasingly common. An aging residential park, the growing number of unfavorable building technical inspections (ITE), and new obligations regarding accessibility and energy efficiency are fertile territory for spills and, incidentally, for neighborhood conflicts. Some of the works are affordable, such as ramps, handrails or automatic doors; but others are very expensive and represent a real economic scare: renovation of envelopes to reduce energy demand or change of centralized diesel boilers. Without forgetting the construction of swimming pools, gyms, paddle tennis courts or swings. Many neighbors are desperately looking for a loophole to avoid paying. Are they always obligated? The short answer is yes, except in specific cases. There is a tremendous casuistry and, as always when it comes to neighbors, complex, even for the judges who have to interpret agreements of the Horizontal Property Law (LPH), hence the amount of jurisprudence that exists on these issues. The LPH regulates community life, establishes when an owner can refuse to pay unwanted spills and when he is obliged to assume his part, even if he votes against. Without forgetting the statutes and regulations of the internal regime, which are also a guide. This law, which required unanimity on many issues, has been reformed in recent years to facilitate works and rehabilitation, which has not been liked by everyone. As a general rule, owners must contribute to common expenses according to their participation fee. If the spill has been properly approved at a meeting, non-payment is not an option. Not agreeing or not using the service does not exempt. «Not paying as a form of protest or confrontation with an approved fee, even if you are right, is not a good idea. It can be claimed in court, but it is necessary for the owner to be up to date with the payment of all debts due to the community or to proceed with the judicial consignment of the same; the first thing is to pay,» explains Peio Mendia, president of the College of Estate Administrators of Navarra and treasurer of the General Council. Piecemeal. No neighbor is spared when it comes to building maintenance. “There are ordinary and extraordinary expenses and all of them must be paid by all the owners since it is necessary that the building is in a good state of habitability and conservation,” says Federico Cerrato, registered property administrator. Furthermore, this type of mandatory actions does not even need the prior agreement of the board. “The community will only be able to decide with which company or budget the work is carried out, as well as the form of payment,” says Mendia. The works included here are those necessary for the maintenance and conservation of the building (repair of façade, roof, structure, downspouts or common facilities), actions to meet basic safety, habitability and universal accessibility requirements, and works ordered by the Administration (for example, after an unfavorable ITE). “The most common spills are for these works, which are mandatory for the community,” says Patricia Briones, lawyer and technical secretary of the College of Property Administrators of Madrid. At Inmho, a property management company, they insist on this idea. “There is no right to vote because it is considered a necessary work for the conservation of the property.” What’s more, «if the repair is due to serious or urgent problems of safety, watertightness or stability of the building, immediate repair must be carried out, even if it is expensive. Therefore, approval is not necessary, only the choice of the budget and the payment method and they are all obligated,» says Carmela Lavandeira, lawyer and registered property administrator in Galicia. The elevator is one of the most controversial issues. In the last year, doubts have arisen about who should bear the cost of adapting to the new Complementary Technical Instruction (ITC) for elevators, in force since July 1, 2024, which requires updating the safety of existing devices to bring them up to European standards. In this case, it is a necessary conservation and security work that does not require prior agreement and that the community members must pay for (the statutes will determine whether the premises are exempt or not). The neighbors only have to approve the budget at a meeting, choose the company, approve the payment and set the payment schedule. When accessibility is requested by people over 70 years of age and owners in whose home people with disabilities live, work or provide voluntary services, the budget must be taken into account. If the amount does not exceed the community fee for one year, once subsidies or public aid have been deducted, the work is mandatory and it is not even necessary for the neighbors to vote. This is the case of ramps, for example. If, on the other hand, the cost exceeds 12 monthly payments, as is usually the case of installing an elevator, a simple majority will be enough for all owners to be obliged to pay, explains Mendia. Ground floor premises must also pay for the elevator, even if they do not have access, and this is ratified by various Supreme Court rulings. Federico Cerrato recommends trying to reach an agreement at the meeting and “that a simple majority be given so that everyone pays their share, and it is not the person in need who covers most of the cost.” In the case of elevators, “the legal opposition has zero scope, since even if they do not want to pay, they must do so if it is within the established maximum legal cost,” they indicate in Inmho.
Energy savings
Energy rehabilitation has added pressure. With the boost of European funds, numerous properties have approved insulation works (facade enclosure with SATE or ventilated facades), replacement of community windows or installation of efficient systems (solar panels…). These jobs are increasingly expensive: “They can cost between 5,000 and 15,000 euros per neighbor with Next Generation aid,” says Mendia. Article 17 of the LPH states who pays. “The carrying out of works or actions that contribute to the improvement of energy efficiency or the implementation of renewable energy sources for common use, including, where appropriate, the modification of the building envelope, as well as the request for aid and subsidies, loans or any type of financing, will require the favorable vote of the simple majority of the owners, provided that the amount passed on annually does not exceed the amount of 12 ordinary monthly payments of common expenses.” That is, it binds all the owners. If it exceeds this amount, the necessary vote would be three-fifths. The margin to refuse to pay extra exists, but it is narrow: when the community wants to build a swimming pool, a paddle tennis court, close common areas, make aesthetic changes or any new installation, service or improvement not required for conservation, habitability, security or accessibility. In the company Inmho they explain it: “It is considered an unnecessary improvement.” If it is approved with a favorable vote of three-fifths and the cost exceeds three ordinary monthly payments of common expenses, “the dissident who has voted against will not be obligated,” says Patricia Briones. “It is not that an owner refuses to pay, but rather that he should not be assigned profits,” adds Mendia. Of course, you will not be able to use the new installation either. If you wish later, you must pay your share in the costs of construction and maintenance, duly updated by applying the corresponding legal interest, states the LPH. According to Inmho, the most frequent and expensive spills are concentrated in three large blocks: mandatory conservation works, almost always inevitable in old buildings; accessibility actions, especially those related to elevators; and improvements with a high economic impact, such as solar panels or swimming pools, whose approval depends on qualified majorities and whose cost only affects those who vote in favor when they exceed certain limits.
