Owners' meetings, minutes and bylaws

Many of the disputes that reach a firm specialising in owners' associations start with a poorly prepared meeting: a defective notice, an unclear agenda, a miscounted vote or minutes that do not reflect what was actually agreed. With advice beforehand, many of these problems can be avoided.

The notice of meeting

The notice must meet certain formal and timing requirements for the resolutions to be valid. Among other things, who calls the meeting, how much notice is required and what the agenda must include. We review the notice before it is sent to reduce the risk of challenges.

The agenda

A well-drafted agenda lets every owner know what will be decided and makes it easier to adopt resolutions safely. We help you word each item clearly, especially when sensitive matters are on the table: works, special levies, claims against owners or changes to the rules of use.

The required majorities

Not every resolution requires the same majority. Knowing in advance which votes are needed avoids surprises on the day. The Catalan Civil Code distinguishes simple majorities for day-to-day management from qualified majorities for improvement works or amending the bylaws and constitutive title.

Some meetings are expected to be tense: a large special levy, an owner in arrears, works that affect some neighbours more than others. In these cases, having legal advice during the meeting helps keep the debate on what matters and ensures resolutions are properly adopted. We can attend in person or by video call.

The minutes are the record of what was decided. Incomplete or ambiguous minutes can lead to later disputes or make it harder, for example, to recover unpaid fees from an owner. We review and draft minutes so that they accurately reflect the resolutions, the votes and the owners who objected. The minutes must also record certain information and be notified to the owners, because important time limits run from that notification.

The bylaws govern matters such as the use of common areas, how certain expenses are shared, or which activities are allowed in flats and commercial units. Many communities have old bylaws that no longer reflect their current situation or have not been adapted to current Catalan legislation.

• Drafting bylaws for communities that do not have any.
• Reviewing and updating existing bylaws.
• Internal rules on the use of common areas.
• Support with approving and, where applicable, registering the bylaws.

Bylaws that predate current Catalan law may contain clauses that no longer apply, and to bind future buyers they must be registered with the Land Registry. If you need to register the bylaws, we handle it as part of our Land Registry procedures.

The president represents the community and often faces questions they should not have to resolve alone. The property manager needs agile legal support for issues that go beyond ordinary management. In both cases, we give you a clear, written answer on how to proceed.