Illegal Special Assessments in Spanish Communities: LPH Guide 2026
Every year, thousands of property owners in Spain receive a special assessment notice and ask the same question: is this legal? The answer is not always straightforward, but the Spanish Horizontal Property Law (LPH) sets very clear limits. Knowing them can save you thousands of euros.
When a special assessment is illegal: 6 grounds for annulment
No valid notice
The meeting must be properly convened: in writing, with sufficient notice, and with the item on the agenda.
Insufficient quorum
Non-essential improvement works require a 3/5 majority (art. 17.2 LPH). If passed with a simple majority when more was needed, the agreement is void.
Unjustified unequal distribution
Unless the bylaws state otherwise, the assessment must be distributed according to ownership coefficient. Splitting equally when coefficients differ is grounds for challenge.
Expense benefiting only some owners
An assessment to fix private elements or areas used only by certain owners cannot be charged to the whole community.
No prior budget
Approving an assessment without presenting at least an indicative budget violates the owner's right to prior information.
Funds used for a different purpose
If the assessment funds are spent on something other than what was approved at the meeting, the property manager is liable and owners can demand a refund.
IGERAFINCAS
Does your community have questions about special assessments? Answered in seconds.
IgeraFincas answers owners citing the exact article of the Spanish Horizontal Property Law and your bylaws. No waiting, 24/7, in 3 languages.
See free demo →Practical advice
If you are unsure whether your community's special assessment is legal, review the bylaws and the meeting minutes before making any decision. The property manager is obliged to explain which article of the LPH supports each agreement.
IGERAFINCAS
Does your community have questions about special assessments? Answered in seconds.
IgeraFincas answers owners citing the exact article of the Spanish Horizontal Property Law and your bylaws. No waiting, 24/7, in 3 languages.
See free demo →COMPARTIR
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