The owners' meeting (junta de propietarios) is the meeting of everyone who owns a flat or premises in a building under the Spanish horizontal property regime, and the community's main governing body. It approves budgets and accounts, appoints the president, secretary and administrator, decides on works and sets internal rules. It meets at least once a year.
In practice
There are two kinds. The ordinary meeting is held every year to approve budgets and accounts, and the notice must arrive at least six days beforehand. An extraordinary meeting is called when needed, with enough notice for everyone to find out. If the agenda includes the annual accounts or budget, treat it as ordinary. We work through the dates in owners' meeting notice period, and our owners' meeting notice calculator gives you the earliest safe date for the ordinary meeting.
The president calls the meeting or, failing that, a quarter of the owners or owners holding 25% of the shares (cuotas de participación). The notice states the business, place, date and time at first and second call, and includes the list of owners in arrears with a warning that they may lose their vote. There is a template in meeting notice with the list of owners in arrears.
At first call you need a majority of owners who also hold a majority of the shares. If that is not reached, the second call goes ahead with no quorum, and it can be the same day half an hour later. Owners attend in person or through a representative with a signed letter.
Resolutions are passed with the majorities in article 17, which vary by subject. Absent owners, once informed, have 30 calendar days to object; if they do not, their vote counts in favour, except in the cases the law excludes. Everything goes into the minutes (acta).
If all the owners attend and decide to meet, the meeting is valid without a notice: that is a universal meeting (junta universal). The Horizontal Property Act does not provide for meetings by video call. In Catalonia the Catalan Civil Code applies, with its own rules, such as eight calendar days' notice.
What the law says
- Article 13.1 of the Horizontal Property Act (Ley de Propiedad Horizontal, LPH). The meeting is the first of the governing bodies, alongside the president, secretary and administrator.
- Article 14. Its powers: appoint and remove officers, approve the expenditure plan and accounts, approve budgets and works, approve or amend the bylaws and decide other matters of general interest.
- Article 15. Attendance in person or by proxy, and loss of the vote for owners not up to date when the meeting starts.
- Article 16. Notice, quorum and deadlines.
- Article 17. Majorities and the vote of absent owners (17.8).
- Article 18. Challenging resolutions: three months, or one year if they breach the law or the bylaws.
- Article 19. Minutes and the minute book.
Common mistakes
- Giving too little notice. The Supreme Court treats the notice rules as mandatory, and breaching them can make the meeting void (judgment 572/2020).
- Voting under "any other business". If you want to approve something, make it its own agenda item.
- Refusing a vote to someone who paid before the start. What counts is the position when the meeting begins.
Sources
- Law 49/1960, Horizontal Property Act, arts. 13 to 19.
- Supreme Court, judgment 572/2020 of 3 November.
- Law 5/2006, Book Five of the Catalan Civil Code, art. 553-21.