We are often asked by our community members what majorities are necessary in a community of owners or neighbours to take decisions that affect all the members of the community. How many votes are needed to install a lift, to approve a repair, or for example, for the modernisation of any machinery for the community swimming pool?
There is not only one way to vote in a community of owners, according to the Horizontal Property Law in Spain. Each of these forms of voting has its own conditions and requirements, and are used to make decisions depending on what is being proposed in the vote or the need for a more or less broad consensus for it to be carried out.
From Meridional, we are going to explain everything you need to know to understand the different types of voting that exist in a community of owners and what each of them is for.
The Importance of the Shareholding Quota and the Ownership Ratio
Most of the decisions in the communities of owners are taken by voting, both the participation quota and the coefficient of ownership are important in the celebration of votes in a community of owners, as they give each owner a certain weight at the time of taking decisions in their community.
Participation fee
The participation quota is used to determine the number of votes that each owner has in the decisions taken in the community, since the higher the participation quota, the greater the owner's influence in decision-making.
The participation share plays a crucial role in determining the voting power of each owner. The higher the participation share, the greater the owner's decision-making power in community voting.
Find out more about this concept in our article about the differences between the participation quota and the property coefficient.
Property Coefficient
The ownership ratio is also essential in voting, as it affects the proportion of costs that each owner must bear. This can influence each owner's stance on decisions involving expenditure or investment.
In this sense, if an owner has a higher property coefficient, it is likely that he/she will have to bear a higher amount of expenses, which may influence his/her vote on issues involving expenditure or investment of resources.
If you need more information on these concepts, we have an article where we go into more detail about the differences between the two and its consequences.
Types of voting in a residents' association
In a community of owners, it is common to have to make important decisions from time to time that affect all the owners. An example might be the refurbishment of façades or the contracting of garden maintenance or the creation of a lift or a ramp.
At this point, we are going to focus on the two types of voting that exist in a homeowners' association and what each of them is for.

Ordinary voting
Ordinary voting is the most common form of voting in a community of owners. It is used to make decisions on minor or routine matters that do not require a qualified majority. For example, it can be used for the approval of minutes of meetings, the election of officers, the approval of annual budgets, the fixing of owners' fees etc.
For an ordinary vote to be valid, the presence or representation of more than half of the owners is required, and in this vote, each owner has one vote and the decision is taken by simple majority.
In other words, decisions taken by simple majority are only those that need more votes in favour than against to pass the initiative.
Extraordinary vote
It is used to take major decisions requiring changes in the structure or functioning of the community, which require a qualified majority, meaning that at least three-fifths of the votes in favour are needed for the decision to be adopted.
For example, it can be used to approve the carrying out of works to improve the façade, the garages, the purchase of common property, the modification of statutes or the adoption of agreements that affect the community as a whole, etc.
For an extraordinary vote to be valid, the presence or representation of at least three-fifths of the owners is required. In this vote, each owner has one vote and a qualified majority of three-fifths of the owners and of the participation quotas is required.
Counting votes in homeowners' associations
But do we really know how many votes are needed in each case to make a decision in a community of neighbours? From Meridional we are going to try to describe what majorities are necessary in each situation to reach agreements in the owners' meetings.
Unanimous vote
In a unanimous vote all owners must be in agreement.
All owners are required to vote in favour. This type of vote is used to make decisions on issues that require the agreement of all owners.
For example, to approve or modify the rules of the horizontal property or the community statutes, to change the use of a common part, to establish new rules of coexistence, for certain works that affect the façade and other common elements of the building, etc.
For a unanimous vote to be valid, the presence or representation of all owners is required.
3/5ths vote
A majority of 3/5ths of the total number of owners is required, which in turn must represent three fifths of the participation quotas. For example: to contract or terminate gardening or swimming pool services, porter's lodge, concierge, security or other common services of general interest.
Agreements by a three-fifths majority in homeowners' associations can be divided into two main groups: those that require administrative authorisation, in addition to the double majority (of owners and participation quotas) of 60 %, and those that do not require more than the agreement of this qualified majority.
Agreements by a three-fifths majority, with administrative authorisation
The agreements included in the article 10.3.b of the Horizontal Property Law administrative authorisation is required (Town Hall, Land Registry, Notary's Office), with the prior favourable vote of three-fifths of the total number of owners, representing three-fifths of the participation quotas, and these are as follows:
- Material division of floors or premises and their annexes to form smaller, independent ones.
- Increase in the surface area of flats or premises and their annexes by aggregation of other adjoining buildings in the same building or their decrease by segregation from somewhere.
- Construction of new plants and any other alterations of the structure or common things, including the enclosure of terraces and the modification of the building envelope to improve energy efficiency.
- Modify the participation fees and to fix the indemnities for damages for the changes that have occurred.
In all of these cases, the informed consent of the data subjects concerned is essential and must be obtained.
Agreements by a three-fifths majority, without administrative authorisation
The agreements that do not require administrative authorisation, but do require the favourable vote of three-fifths of the total number of owners representing three-fifths of the participation quotas, are those corresponding to the following cases:
- Establishment or abolition of porter's, concierge, guard or other services common services of general interestwhether or not they involve amendment of the articles of association or of the statutes (Article 17.3 of the Horizontal Property Law).
- Lease of common elements that have no specific use assigned to them in the building (article 17.3 of the LPH).
- Establishment or removal of equipment or systems, not covered by the Article 17(1)which are intended to improve the energy or water efficiency of the property the use of which is non-proprietary (article 17.3 of the LPH).
- Realisation of innovations, new facilities, services or non-enforceable improvements. If your installation fee exceeds the amount of three ordinary monthly payments of common expenses, the dissenting party shall not be bound (article 17.4 of the LPH).
Simple majority vote
In this case, a majority representing the majority of the participation quotas is required for certain works. The exceptions are clear: those that require unanimity when modifying the structure or configuration of the building, or to establish new common services to facilitate access or mobility for people with disabilities, even when they imply the modification of the constitutive title or the bylaws.
The role of this kind of majority is in making decisions that could be described as ordinary, such as necessary common repairs and improvements.
1/3 vote
One third representing one third of the participation fees is needed to install common elements for access to telecommunication services or to adapt existing ones, as well as to install solar energy systems or services for access to new collective energy supplies.
Secret ballot
A secret ballot is a type of ballot in which owners vote without it being known how they voted. Secret ballots are used in cases where the privacy of the owners is to be protected, such as in the case of office elections.
Is it possible to vote electronically in a homeowners' association?
As we have already seen, decision making in a homeowners' association can be a delicate matter, and there are necessary voting requirements in order to carry it out. For this reason it is essential that all owners are informed and have the opportunity to express their opinion before any decision is taken.

Most commonly, a vote is held at a meeting of the owners. In this vote, each owner has the right to vote and the decision is taken, as appropriate, by simple majority or by qualified majority.
However, it may not be possible to vote in person, so the possibility of voting by other means must be made available.
In order for an absentee vote to be valid, the prior unanimous acceptance of all owners for that form of voting is required. On the other hand, any decision shall be taken into consideration, provided that the identity of the voters and their right to vote have been guaranteed.
There are different ways of voting that can be carried out according to the Spanish Horizontal Property Law. Remote voting is used when the owners cannot physically attend the community meeting. For example:
Postal or online voting
Postal voting is used when it is not possible for all owners to be present at the community meeting.
In this case, it is used for ordinary votes, the necessary documentation is sent by post so that the owners can vote by post and a simple majority of the votes cast is required.
Proxy voting
Proxy voting in a community of property owners occurs when an owner is unable to attend the community meeting and decides to give his or her vote to another person. This person must be present at the meeting and must have written authorisation from the absent owner. The delegate can vote on behalf of the owner who has given the authorisation.