Changing community statutes: the majorities needed
Amending the statutes of a community of owners requires unanimity as a general rule, with specific exceptions set by law where a three fifths majority of owners and quotas suffices, and the amendment must be registered to bind future purchasers.
gelisted editorial team · Updated 15 August 2026
The short version
- The general rule for amending statutes is unanimity.
- Defined exceptions require 3/5 of owners and participation quotas.
- An unregistered amendment does not bind a later purchaser.
- Absent owners who do not object within 30 days count towards the majority.
Statutes are the constitution of a building. Rules of internal order are its house rules. Confusing the two is why communities pass resolutions that turn out not to bind anyone.
Statutes, rules and resolutions
The statutes are contained in or annexed to the deed of horizontal division and govern the use of units and common elements, expenses and rights. Rules of internal order regulate day to day coexistence, such as pool hours or noise, and are approved by simple majority. Ordinary resolutions decide specific matters. Only the first category needs the demanding majorities and only the first is registered.
| Instrument | Majority | Registered |
|---|---|---|
| Statutes | unanimity as a rule | yes |
| Statutes, legal exceptions | 3/5 of owners and quotas | yes |
| Rules of internal order | simple majority | no |
| Ordinary resolutions | varies by matter | no |
| Change of participation quotas | unanimity | yes |
| Restricting tourist letting | 3/5 where permitted | yes to bind buyers |
| Challenge period | 3 months or 1 year |
Why registration matters
An amendment that is approved but never recorded at the land registry binds the owners who voted for it, but not someone who buys a unit afterwards without notice of it. A community that restricts short term letting and does not register the change will find a new owner arriving with a licence application and a nota simple that says nothing. Registering the amendment costs a few hundred euros and is the step most often skipped.
The practical route
Draft the amendment precisely, since a vaguely worded clause is worse than none. Include it as a specific item on the agenda, quoted in full, not as any other business. Hold the vote. Circulate minutes promptly and count the 30 day period for absent owners. Then take the certified resolution to a notary and register it. Allow 2 to 4 months from the meeting to a registered amendment.
Legal drafting for a statute amendment typically costs 400 to 1,500 €, which is modest against a dispute that arrives years later.
What owners should watch
Any agenda item touching the use of units, the allocation of expenses or the use of common elements. Those are the clauses that determine what you may do with your property, whether you may let it, and what you pay. An owner abroad who receives an agenda with such an item and does not respond within 30 days of the minutes has, in effect, voted for it.
Frequently asked
+What majority is needed to change statutes?
Unanimity as a general rule, with defined legal exceptions requiring three fifths of owners and quotas.
+Are house rules the same thing?
No. Rules of internal order are approved by simple majority and are not registered.
+Why must an amendment be registered?
Without registration it does not bind a purchaser who buys without notice of it.
+How long does the process take?
Two to four months from the meeting to a registered amendment.
+What if I am absent from the vote?
If you do not object within 30 days of the minutes, you are counted towards the majority.
Sources
- 1Boletín Oficial del Estado, BOE (August 2026)
- 2Consejo General del Notariado, Notariado (August 2026)