Delegating your vote in a community of owners if you have a property in Spain: risks, benefits, and how to do it

Delegating our vote in the community of owners is indeed possible, as stated in Article 15 of the Horizontal Property Law, but it can carry certain risks. Sometimes, for work or personal reasons, it is impossible for us to attend the community meeting. In those moments, the easiest solution seems to be “leaving the vote” with someone we trust.

From Fotocasa, we explain how to protect your interests when handing over your vote and what obligations the person acting on your behalf has.

Did you know that if your representative votes in favor of a costly renovation, you will be legally obliged to pay for it even if you were not present?

What documents and requirements do I need to delegate my vote?

For the representation to be valid and so that no one can challenge your vote, a verbal agreement is not enough. The Horizontal Property Law requires the delegation to be reliably proven. As stated in Article 15 of the LPH: “Attendance at the general meeting shall be personal or by legal or voluntary representation, a written document signed by the owner being sufficient to accredit this.”

Therefore, the transfer of the vote must be presented through a signed written document. This document is the only legal proof before the community secretary that this person is authorized to decide for you.

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Checklist for the legal representation document to delegate your vote in the community of owners

To delegate your vote with guarantees, make sure the document includes:

1. Owner’s details: Full name, details of the property.

2. Representative/authorized person’s details: Full name and DNI/NIE (ID number) of the person who will attend.

3. Identification of the meeting: Date and time of the call (specifying if it is the first or second call).

4. Signature: Both the representative and the owner.

5. Short text: indicating that the owner is delegating their vote to the representative to vote on their behalf.

If we want to reinforce the validity, it may be advisable to attach a copy of the ID (DNI/NIE) of both parties.

Important: in order to delegate our vote, it is essential that we are up to date with all community payments.

To whom can I delegate my vote?

It is possible to delegate our vote to any person. The regulations are flexible in this regard. It is not mandatory for the representative to also be an owner in the building, nor do they need to have a family relationship with you. You can delegate to a neighbor, a friend outside the community, your tenant (if you are renting), or even the President or the Property Manager (Administrador de fincas) themselves.

However, it is vital to choose someone who understands your interests, as their decisions at the meeting will have full legal validity over your assets.

What is the community of owners in Spain and what are your obligations?

What are the advantages of delegating my vote in the community of owners?

Delegating our vote allows us to continue participating actively in the decisions made in the community if we cannot be present, but that is not the only advantage. Handing over our vote is a vital tool for the building’s operation. Many important decisions require qualified majorities that would not be reached if absent neighbors did not delegate their representation. These are some advantages of leaving your vote with someone in the community of owners:

• Facilitates quorum: Allows meetings to be validly constituted.

• Prevents deadlocks: Stops urgent matters, such as a repair, from being paralyzed due to lack of attendance.

• Maintains your rights: Ensures your property participates in decisions that affect the value of your assets.

Can I be appointed president of the community of owners if I don’t live in Spain?

What obligations does the person we have delegated our vote to have?

Delegating the vote is a very common practice, for example, for people who have rented out their home while living abroad. Although the Horizontal Property Law does not detail a strict code of conduct, whoever accepts to represent you acquires the moral and legal commitment to act in good faith.

Their main obligation is to respect the voting guidelines you have provided and act in the interest of your benefits. It is important to remember that, legally, their signature on the minutes (acta) binds your property, so their responsibility is to act as your direct voice, without putting their personal interests before yours during the meeting’s debate.

What are the risks of leaving our vote in the hands of third parties?

The main danger of delegating your vote is that the person to whom you yield your vote ends up voting for something that goes against your interests.

If you provide a “blank” authorization (without specific instructions), your representative has total freedom to decide.

This can result in:

• Approval of excessive extra charges (derramas): The representative could vote in favor of works that you consider unnecessary or too expensive, or even extra charges that you cannot afford right now.

• Changes in community rules: Modifications to the bylaws that limit the use of common areas or, for example, holiday rentals.

• Conflicts of interest: If, for example, you delegate your vote to a neighbor, it may happen that the neighbor you delegate to votes for something that benefits them but harms the community or you directly.

How to delegate your vote safely: practical tips

To avoid the aforementioned risks, Fotocasa recommends following these steps:

• Instructed vote: Do not sign a blank piece of paper. Expressly indicate “YES” or “NO” next to each point on the agenda.

• Choose your representative well: It is preferable to delegate to someone you trust with similar interests to yours or to the President if you are voting in favor of the official points.

• Request the minutes: Once the meeting is over, ask for the minutes (acta) to verify that your representative voted according to your instructions.

• Revocability: Remember that if you are finally able to attend the meeting, your physical presence automatically cancels the previous delegation.

Comparison: How to delegate your vote safely?

Delegating your vote may be necessary in some cases for the community to move forward, but it should never be done based solely on the word or good faith of another person. Transparency and written detail are your best legal protection.

Roadmap for handing over your vote:

1. Review the agenda.

2. Write down your stance for each point.

3. Sign and deliver the document only to someone you trust.

4. Always check the final minutes (acta).

Have you ever had to delegate your vote in the community of owners? How was your experience?