Guide for presidents
How to call an owners' meeting in Spain: deadlines, contents and template
Who calls it, how much notice is needed, what the notice must say and how each owner is notified under the Ley de Propiedad Horizontal (LPH, Spain's Horizontal Property Act), with a downloadable notice of meeting template.
By the Vecinar team · Updated on
When the owners' meeting must be held
The owners' meeting (Junta de propietarios) meets at least once a year to approve the budgets and accounts, and at any other time the president considers it appropriate or when a quarter of the owners, or owners representing at least 25% of the shares, ask for it (art. 16.1).
Steps to call it
Step 1
Set the agenda
The meeting is called by the president and, failing that, by the owners promoting it (art. 16.2). Any owner can ask in writing for an item to be discussed: the president adds it to the agenda of the next meeting (art. 16.2).
Step 2
Write the notice of meeting
It must state the items to discuss and the place, day and time of the first or, if applicable, second call. It must include the list of owners who are not up to date with payments and warn that they lose their vote (art. 16.2).
Step 3
Notify every owner
Notices are served as set out in art. 9: at the address in Spain the owner gave the secretary; otherwise, at their unit or premises in the building. If that is impossible, notice is deemed served by posting it on the notice board with a statement signed by the secretary and approved by the president, and it takes effect after three calendar days (art. 9.1.h).
Step 4
Give enough notice
For the annual ordinary meeting, at least six days in advance. For extraordinary meetings, with as much notice as possible so that everyone concerned learns of it (art. 16.3).
First and second call
If at the first call a majority of the owners representing a majority of the shares is not present, a second call is held, with no quorum requirement. It can take place the same day if half an hour has passed since the first; otherwise it is called again within the following eight calendar days, with at least three days' notice (art. 16.2).
The meeting can be validly held without being called by the president if all the owners are present and so decide (art. 16.3).
What majority agreements need
Except for the special rules of art. 17, a majority of all owners representing a majority of the shares is enough; at the second call, a majority of those attending if it represents more than half the value of the shares of those present (art. 17.7).
Downloadable templates
For guidance only: adapt them to your community's bylaws. Fields in square brackets are filled in by hand.
Owners' meeting notice template
Content required by arts. 15.2, 16.2 and 16.3 of the Ley de Propiedad Horizontal.
NOTICE OF [ORDINARY / EXTRAORDINARY] OWNERS' MEETING
Community of owners: [BUILDING NAME AND ADDRESS]
Called by: [PRESIDENT, or the owners requesting the meeting]
Date of notice: [DATE]
The owners are hereby called to the meeting to be held on:
First call: [DAY], at [TIME], at [PLACE].
Second call: [DAY], at [TIME], at [PLACE]. No quorum required.
Agenda
1. [ITEM]
2. [ITEM]
3. [ITEM]
4. Any other business.
Owners not up to date with overdue payments
[UNIT / OWNER — AMOUNT]. (If there are none: “None”.)
Notice: owners who, when the meeting starts, are not up to date with all overdue debts to the community and have neither challenged them in court nor deposited the amount owed with a court or notary may take part in the discussion but will have no right to vote (art. 15.2 of the Ley de Propiedad Horizontal).
If you cannot attend, you can delegate your vote with a note signed by you naming your representative (art. 15.1).
In [TOWN], on [DATE].
Signed: [PRESIDENT] — President of the community
Get started today
Vecinar helps you prepare the owners' meeting; the formal notice follows the rules of the law.
- An announcement to the whole community, by email and notification, with the meeting date.
- Surveys to collect the items residents want to discuss.
- Notices of meeting and minutes stored in the community's document folder.
Frequently asked questions
How much notice is needed to call an owners' meeting?
At least six days for the annual ordinary meeting. For extraordinary meetings there is no fixed period: notice is given as early as possible so that everyone learns of it (art. 16.3).
What happens if there is no quorum?
Yes. If there is no quorum at the first call, the second call is held with no quorum requirement, on the same day half an hour later or within the following eight calendar days (art. 16.2).
Can residents call the meeting without the president?
Yes. A quarter of the owners, or owners representing at least 25% of the shares, can ask for a meeting (art. 16.1), and if the president does not call it, the promoting owners do (art. 16.2).
Is there a template for the notice of meeting?
Yes. This guide includes a downloadable notice of meeting template with the contents required by art. 16.2. It is for guidance only: adapt it to your bylaws.
Sources
This guide is for information only and is not legal advice. Check your community's bylaws too. The Ley de Propiedad Horizontal (LPH, Spain's Horizontal Property Act) is national law: in Catalonia, Book Five of the Civil Code of Catalonia applies instead.