Dispute over presidency in homeowners association: the Registry can block the legalization of the minutes book

Key data

A homeowners association in Vilanova i la Geltrú attempted to legalize its third minutes book. The registrar suspended it upon detecting that two people were disputing the presidency and that the previous book was being withheld by the former president. The association appealed. The Resolution of July 22, 2026 from the DGSJFP confirmed the suspension and established clear doctrine: while there is no court resolution, the Registry cannot act.

This criterion is not new. The DGSJFP has been applying it since the resolutions of 2014 and 2015, but the 2026 resolution consolidates it and makes it more visible to associations that are unaware of its practical implications.

What does this regulation establish?

The article 415 of the Mortgage Regulation regulates when a new minutes book can be legalized without providing the previous one. It only admits three scenarios:

• Loss of the previous book
• Misplacement of the previous book
• Theft of the previous book, duly reported

In the case of Vilanova i la Geltrú, the previous book was not lost or stolen: it was being withheld by the former president in the context of a representation conflict. This does not fit any of the three scenarios in article 415, so legalization was not appropriate.

Beyond the technical problem of the withheld book, the underlying issue was who had the legitimacy to request legalization. The registrar cannot resolve this controversy: it is not his function nor does he have the tools to do so. His role is limited to verifying formal requirements, not to settling internal representation conflicts.

The DGSJFP confirms that, faced with a controversy over the legitimate representation of the association, the registrar must refrain from legalizing until the courts resolve who legitimately holds the presidency.

Economic and operational impact

The blocking of the legalization of the minutes book is not a minor bureaucratic problem. It has direct operational consequences for the association:

• Paralysis of formal agreements: Without a legalized minutes book, decisions adopted at the meeting are not properly documented with registry support, which can generate challenges.
• Inability to prove agreements to third parties: Banks, suppliers or administrations may require certifications of agreements that cannot be properly formalized.
• Unavoidable legal costs: The only way to unblock the situation is to go to court, with the costs of lawyer and court officer that this entails.
• Duration of the blockade: While the court process does not resolve who legitimately presides, the Registry cannot act. Court timelines in this type of conflict can extend for months.

The consolidated doctrine since 2014 and 2015 means that this criterion is predictable and stable: there is no room to try to "sneak through" legalization by arguing special circumstances while the representation conflict is active.

Who does it affect?

• Homeowners associations where there is or has been a dispute over the presidency or legitimate representation
• Property managers who manage associations with unresolved internal conflicts
• Lawyers and legal advisors who advise associations or owners in litigation
• Individual owners who are part of an association with disputed presidency
• Notaries and registrars who process legalizations of minutes books

Practical example

A homeowners association of 30 units holds a meeting and elects a new president. The outgoing president challenges the election and refuses to hand over the previous minutes book, claiming that the meeting was not properly convened.

The new president goes to the Property Registry to legalize the third minutes book. The registrar detects that:

• There are two people claiming the presidency
• The previous book is being withheld by the former president (not lost, not stolen, not reported as such)

Applying article 415 of the Mortgage Regulation and the DGSJFP doctrine consolidated since 2014, the registrar suspends the legalization. He cannot decide who is right: that is for a judge to decide.

The association will have to file a lawsuit for a court to declare who legitimately holds the presidency. Until that resolution, the minutes book cannot be legalized and the formal activity of the association remains in legal limbo.

What should homeowners associations do now?

1. Assess whether there is or could be a representation dispute: Before attempting to legalize a new minutes book, verify that there is no active challenge to the presidency or to the validity of the last meeting that elected the president.
2. Ensure delivery of the previous book: If the previous minutes book is in the hands of a former president, request its delivery in a verifiable manner (registered mail with proof of receipt). This is a prerequisite for legalizing the next book.
3. If there is an active conflict, go directly to court: Do not attempt to legalize while the representation conflict is unresolved. The Registry will suspend it and you will have wasted time and fees. The only way is to obtain a court resolution that declares the legitimate president.
4. Consult with a lawyer specialized in horizontal property: Presidency conflicts in homeowners associations have specific circumstances. A lawyer can guide you on whether a claim of authority, an appeal of agreements or a declaratory action is appropriate.
5. Document all agreements in the meantime: Although the book cannot be legalized, continue keeping minutes of meetings and preserve all documentation. When the conflict is resolved, you will need to prove what was decided during that period.

Official source

View complete regulation in official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-23222