Assessment of contributions

In this ruling, the Supreme Court (SC) has decided on a very common dispute in urbanizations, how should expenses be distributed among all owners when repair or improvement costs arise?

It all started after some torrential rains severely damaged the common accesses and roads of an urbanization in Ibiza. An association formed by the majority of owners took charge of managing the works and then demanded from a couple who were not members the payment of a substantial amount, calculated according to an internal criterion approved only by the associates themselves (distributing the expenses based on the constructed square meters of each dwelling).

The owning couple refused, because according to the original rules of the urbanization —which all accepted when purchasing the plot— expenses should be divided according to the size of each plot, not the constructed square meters of the dwelling. Both parties appealed until reaching the SC, which ruled in their favor.

The SC emphasizes that the bylaws of a private association can only bind those who have voluntarily become members, and that the initial agreements among all owners, included in the regulations of the urbanization, must be respected unless changed unanimously. Therefore, non-member owners cannot be forced to accept different expense distribution criteria than originally agreed, even if the majority thinks differently. In summary, if there is no unanimous agreement, one must adhere to what was decided at the beginning.