Everything about special assessments in Spanish homeowners associations: when mandatory, how to challenge, payment deadlines and consequences of non-payment. Based on the LPH and Supreme Court case law.
Special assessments (derramas extraordinarias) are special quotas approved by the homeowners association to fund unforeseen expenses or investments exceeding the reserve fund. They are governed by the Horizontal Property Act (LPH, Law 49/1960 as amended).
Unlike ordinary monthly fees (maintenance, insurance, concierge), special assessments fund: urgent conservation works (waterproofing, lift, boiler, facade, roof), improvements approved by qualified majority, litigation costs, and replenishment of the reserve fund (required at 10% of the annual budget under Art. 9.1.f LPH).
The assessment must be approved by the owners' meeting (junta) with the appropriate majority: simple majority for necessary conservation works; 3/5 qualified majority for improvements; 1/3 for renewable energy installations. It must appear in the meeting agenda, assessments agreed without prior notice in the agenda are voidable (STS 3 March 2014).
Non-payment triggers: default interest, loss of voting rights at meetings (Art. 15.2 LPH), monitorio proceedings (Arts. 21.1 LPH and 812 LEC) without lawyer/procurador if debt ≤ €2,000, and preventive mortgage notation. Limitation period: 5 years (Art. 1966.3 CC, STS 30 January 2020).
Agreements are voidable (not void) under Art. 18 LPH within: 3 months for those who voted against or abstained; 1 year for absent owners. In ongoing monitorio proceedings, opposition must be filed within 20 business days.
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