Do you wish that, in its next meeting, the owners' community deals with points that, at the beginning, the president has not foreseen? With Finques Feliu find out how!

The concept of 'meeting' is linked with 'agenda'. To begin with, let's define the latter: ' the business set down for debate on a particular day'. 

Source: Oxford English Dictionary

 

1. Part One: Who are the officers responsible for: scheduling, convening, chairing and assigning speaking time? 
 

The Secretary schedules and calls the meeting. Later on, the President coordinates the owners' assembly development (in case this person is not available, the vice-president or secretary will substitute him/her).

When it is decided to promote owners' community of owners creation, it has to meet at least once a year in an ordinary meeting. 

The co-owners are not used to know professionally the real estate world. For that reason, we always recommend to hire a Real Estate administrator. This profile is able to assist the president in the course of the meeting, has knowledge of real estate law and is a dam against possible conflicts.

 

1.1 Can I resign as president of the community before the first meeting I have to lead?
 

As a general rule, no. Are there specific reasons for not being president? Yes, to suffer a serious illness or to be a very old person.

 

However, when the legislator does not foresee a closed list of "qualifying circumstances" for not holding office... a few words are enough for the wise person. Do you want to go deeper into this matter? Then click on this link. 

1.2 What information must be explicitly included in the notice of the owners' meeting? 
 

We have to detail four points:

 

• Day, place and time of co-owners  meeting

 

•  Agenda of the day

 

• A warning about the value of the vote of the absent co-owners: it counts in favor of the voted proposal (article 553-24 Catalan Civil Code).

 

• The list of the owners with debts with the community

 

1.3 How should the notice of the convocation be disseminated?
 

By using: 

a) The community bulletin board  

b) The walls of the  community corridors 

c) Hand-delivered postal letters 

d) E-mails, reminding the co-owners to check their e-mail 'spam' box.

It is compulsory to achieve the call maximum diffusion. Apart from complying with the 'publicity principle', if the owners are not notified, two serious consequences appear on the horizon:

• The co-owners who did not attend could successfully challenge the decisions taken.
• The quorum required to make any decision may not be reached.

 

Part Two: What is the only way to request the new topic addition to the meeting agenda?
 

By addressing, eight calendar days before the Owners' Meeting, a text to the President of the community (article 553-21 of the Catalan Civil Code). Eight calendar days is also the minimum anticipation foreseen to send the summons.

The request to the president of the community must:

- Use the formal registry
- Expose clearly our demand  
- Be written in an empathetic tone
 

Part Three: Additional questions 

3.1 If I forget to send the request, may I ask the question during the Meeting?

 
Yes, in the final "questions and requests" section.

 

3.2 If the item introduced requires a vote on a modification of the Statutes or the Internal Regulations of the community, and an owner is unable to attend the meeting, can he/she delegate the vote?

Yes, by assuring that the person who is delegating the vote signs the required authorization. 

 

3.3 If I have debts with the community, and I want to vote on the new item on the agenda, what happens?
 
That your right to vote ceases. This restriction will be lifted as soon as the debts are paid. However, you always keep your 'voice', so you can introduce this point.

 

3.4 Can the community as a whole, or a co-owner in particular, refuse to deal with the item I have asked to introduce on the grounds that it is inconsequential? Can I request the introduction of a new item to the agenda dedicated to require the cessation of prohibited or annoying activities in the community?
 

 

The answer to the first question is clear: items can never be vetoed at the Meeting. 

The second question is linked to the initial question given that with all certainty whoever develops prohibited or annoying activities will want to prevent the discussion of the same.

It should be added that the Catalan Civil Code very clearly endorses the right to request this cessation in article 553.40.1 is written as follows: 

'The owners and the occupants cannot carry out in their private elements, nor in the rest of the property, activities contrary to the normal coexistence of the Community or that spoil or endanger the property. Neither can they carry out those that the statutes, the town planning regulations or the Law exclude or prohibit in an express way.' 
 

Do you wish to know even more? Please check the following link

3.5 What is the last step always necessary for an item discussed, voted and approved by the co-owners to become effective and therefore legally binding on everyone?
 
That the person who holds the presidency signs the minutes.

This document contains the details of the meeting and the points agreed upon. From the first meeting of the community -the Constitutive Meeting-, to each assembly of co-owners corresponds its minutes. This is so because the agreements adopted in a hypothetical meeting without minutes would be null and void. 

 

4. Conclusion: an Owners' Meeting vindication 
 

The Meeting of the Community of owners is the frame where:

 Conflicts can be avoided or channeled

 Improvements in the common areas are debated, voted and, eventually, approved. Find out what type of majority is required by law for fifteen emblematic proposals.

 As a co-owner you can request information about the community or the actions that are planned in it.

 

•  Trust: eighty-four years of history advising people like you.

 

•  Positivity: based on a proven management capacity.

 

•  Future: we are a team of people always ready to assist you with diligence.

 
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