Legal Rules that Regulate Meetings of a Community of Owners

  • Erardo
    Erardo is an experienced English-speaking lawyer in Lanzarote. For over 10 years he has provided expert legal advice to English-speakers in matters relating to Property Law & Conveyances, Contract Law, Business Formation, Negligence and Family Law.
In this third and  final article we are looking at the rights and responsibilities of  property owners in Spain, we look at the rules that regulate Community meetings. In Spain, while it is obligatory for there to take place at least one meeting per year of the Community of Owners, there are no limits on the number of extraordinary meetings that may be called.
  1. Ordinary Meeting: The Community of Owners must meet at least once a year to approve the accounts/expenses of the Community, relating to upkeep and maintenance etc
  2. Extraordinary Meeting: In addition, the Community can meet ad hoc in the following circumstances:
    • Whenever the President considers appropriate
    • When requested by one-quarter of the owners or by the owners that represent one-quarter of the total ownership

With regard to the notifications of a Community meeting, these should be carried-out by the President or, if this is not possible, by those Owners who wish to call the meeting, and it should include the following information: 1º) The matters to be discussed, 2º) The place, date and time of the meeting.

If at the agreed time there is not a quorum, a second meeting may be held, not less than half-an-hour later, where a quorum is not required for the meeting to go ahead. It is also possible to have a meeting without any such notification, where being already present all owners, they decide to hold the meeting.

In order that the Meeting be considered valid, the law establishes that in the initially convened meeting, the majority of the owners who represent the majority of the ownership quotient must agree to the meeting. In the later convened meeting, any number of owners that agree to the meeting is sufficient.

The owners may attend the meeting either personally or via a legal representative or volunteer (as a simple representative or with a power of attorney), bearing in mind that in the case where the owner is represented by an individual with a power of attorney, such power of attorney need not be signed in a Public Notary, and need only be an  informally written authorisation, signed by the owner that approves their representation at the meeting. If the property (apartment or commercial unit) is owned by a number of different owners, they should designate one to attend the meeting.

Resolutions of the Meeting
The adoption of resolutions in the Community Meetings require the following majority approvals:
  1. Unanimity ie all of the Community of owners representing the entire ownership, for any resolution that implies the modification of the deeds constituting the Community of Owners or of the statutes.
  2. Agreement of three-fifths of the owners, who represent three-fifths of the ownership quotient, to establish or remove a porter service, Community Office, security or other communal services, rental of communal elements of the Community that do not have a specific assigned use within the building, and to establish or remove systems or equipment that improves the building’s energy or water efficiency. For the rental of common elements of the Community building, the consent of any owner directly affected, if any, is additionally required.
  3. Agreement of a majority of Owners that represent a majority of the ownership quotient, is required to carry-out refurbishment or maintenance works or establish any service that involves the elimination of any architectural barriers that makes access for the disabled difficult, such as adding an elevator.
  4. Agreement of one-third of the owners, who represent one-third of the ownership quotient, to install infrastructure relating to communal telecommunication, solar energy systems or utility power companies.
  5. Agreement of a majority of Owners that represent a majority of the ownership quotient for any other resolution in the first convened meeting and a simple majority in any second convened meeting.


General Rules

It is understood that those Owners, notified of the meeting, who do not attend, nor are represented by a proxy, are in favour of any resolution agreed by the meeting, where they do not register their disagreement with the Secretary of the Community of Owners within a period of 30 days. Excepted from this general rule are those resolutions approving the installation of services, the cost of which may not be transferred to those Owners who did not vote in favour or resolutions related to services that are in fact private and are not communal.

Those Owners that, at the beginning of the meeting, are in debt to the Community with regard to Community payments, may participate in the Community meeting but they may not vote unless the debt has been set-aside by a Court of law or if they have paid said amount into Court or via Notary in the name of the Community of Owners.

The resolutions adopted by the meeting of the Community of Owners shall be documented in a Book of Minutes, provided by the Register of the Property and maintained by the Community of Owner’s Secretary. The resolutions must be signed by the Community President and Secretary at the termination of the meeting or within 10 days.

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