Condominium AGM rules

Here we highlight the main rules that must be complied with, for the AGM to take place:

1. Convening the AGM
   1. Entity Responsible - Administrator or condominium owner who represents, at least, 25% of the building
      1. Frequency – at least once a year
      2. Notice deadline - minimum 10 calendar days
      3. Ways of communication - registered letter, notice with signature of receipt, email (with prior agreement mentioned in previous minutes)
      4. Meeting information - date, time and place, agenda, proposals that must be approved unanimously
2. Confirm attendances
   1. Attendance checking (owners and proxy representatives)
   2. Checking if the attendance is above 50%, if this is not the case, wait 30 minutes for the meeting to be held with a quarter of the total owners of the building (the discussion of proposals for unanimous approval must be with at least 2 thirds)
3. Discuss the proposals
   1. Take notes - so that they are included in the minutes
4. Voting on deliberations
   1. Votes per fraction/apartment
   2. Types of majorities: simple (more votes for than against): conservation works, insulation, painting, dismissal from the administration; 2 thirds: innovation works and architectural/aesthetic modifications; Double Majority: elevators, piped gas (buildings with more than 8 fractions/apartments); Unanimity: amendments or new approvals of regulations, leasing/sale of communal areas, reconstruction works
5. Approve the minutes
   1. Summary - at the end of the meeting
   2. Approval by those present
   3. Signing of the minutes - by all those who were present
   4. Approval of absentees - the Administration sends the minutes by registered letter with acknowledgement of the recipient or, when applicable, send an e-mail within 30 days
   5. Owners have the possibility to respond, in writing, within 90 days if they do not agree with any point of the meeting (silence equals approval)

Please bear in mind that in cases where the Condominium Administration is not complying with their obligations or even not doing what was agreed, any owner can set up a general meeting at any time, as long as they are able to gather the support of at least 25% of the other owners, by following the same rules mentioned above.

We are often asked which entity regulates and supervises the Condominium Administration sector but unfortunately no regulatory entity has been created. In the absence of such a body, the only recourse is to appeal to the police authorities (in case of fraud) and to the courts.