Can I refuse to pay a community special levy?
No: a validly approved levy is binding on everyone. A special levy (derrama) is an extraordinary contribution the owners' meeting agrees for costs not in the budget (works, repairs, etc.). If approved under the Horizontal Property Law and the bylaws (with the required majorities), it binds all owners, including those who voted against or didn't attend. You can't simply refuse to pay. What you can do is challenge the resolution in court, in time (generally 3 months, or 1 year if the resolution is contrary to the law or the bylaws), if the resolution is unlawful, seriously harmful to the community or an abuse. Until annulled, the duty to pay stands.
📋 The rules
- A levy approved at the meeting binds all owners
- It binds even those who voted against or were absent
- You can only challenge the resolution in time and on legal grounds
- Indicative deadline: 3 months (1 year if against law/bylaws)
- Until annulled, you must pay
🔓 Exceptions
- Void or unlawful resolution: challengeable within the longer deadline
- Very costly non-essential improvements: special regime for those voting against
- Serious convening or majority errors: possible challenge
⚠️ Penalties & fines
Not paying a validly approved levy makes the owner a defaulter: the community can claim the debt in court via the order-for-payment procedure, with interest and costs. The defaulting owner can also be stripped of voting rights at meetings until up to date. If you believe the resolution is unlawful or abusive, the right path isn't to stop paying, but to challenge it in time in court, and request, where appropriate, a stay. Keep the minutes and the notices.
📎 Official sources
- BOE · Law 49/1960 on Horizontal Property →
- Administración · Owners' communities →
- CGAE · Debt claims in communities →
❓ Frequently asked
Must I pay a levy even if I vote against?
Yes. If the owners' meeting approves the levy under the Horizontal Property Law and the bylaws, it binds all owners, including those who voted against or didn't attend. You can't refuse to pay on your own.
Can I challenge a levy?
Yes, but by challenging the meeting's resolution in court, in time and on a legal ground: that it's contrary to the law or the bylaws, seriously harmful to the community or an abuse of rights. Until annulled, you must keep paying.
What if I don't pay the levy?
The community can claim the debt in court through the order-for-payment procedure, with interest and costs. Also, as a defaulting owner you can be stripped of voting rights at meetings until you regularise your situation.
Are there levies I'm not bound by?
For certain non-essential improvements whose cost exceeds three months of common charges, the owner who votes against may not be bound by the part exceeding that amount, under the conditions the law sets. It's a specific, limited case.
How long do I have to challenge the resolution?
As a rule, 3 months from the resolution, extendable to 1 year when it's contrary to the law or the bylaws. These are short deadlines, so if you think the levy is unlawful, act quickly and get advice.
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