FAQ's on owners' community meeting

02 | 09 | 2019

 When you entered your new home a person gave you the call for the owners' meeting: what do you have to know?

 

To have everything clear is always basic.

What is the right term: 'Owners' Meeting' or 'Neighbors' Meeting'? 

The proper form is: 'owners' meeting (here and after MON).

What types of MON are?

Two: the 'ordinary' ones, which must take place once a year, and the 'extraordinary, ones, which may or may not be held.

3. What legal provisions regulate everything related to the celebration of the MON?

The Horizontal Property Law in article 16 and section h) of 9 and the Catalan Civil Code (here and after CCC).

4. What are the functions of the MON?

4.1 To appoint or dismiss: Chairman, Vice-Chairman, Secretary or Real estate Administrator

4.2 To approve the community expenses and incomes plan and its accounts in the Ordinary Meeting.

4.3 To approve the different budgets and the execution of all the repair jobs on the property, whether ordinary or extraordinary, and to inform the owners about the urgent measures adopted by the Administrator.

4.4 To approve t the Community Statutes without changes or, on the contrary, to reform them. As well as to determine the norms of internal regime.

4.5 To know and decide on other matters of general interest for the Community. 

5. How must the celebration of the MON be communicated?

According to article 9.1 section h the Community Secretary is empowered to inform the owners on the celebration of the Meeting. It must be done by all possible means, to deliver in hand the call to the owner it is understood like a communication which cause inmediate effects. It should be added that communication by e-mail is also legal ' if it is provided that the authenticity of the communication and its content is guaranteed' (article 553 section 21 of the CCC).

As the same article states: "Summons, summonses and notifications, unless the statutes expressly state otherwise, must be sent, at least eight days in advance, to the address communicated by the owner to the Secretary. 

If it cannot be delivered by hand, the Secretary must use the warnings board or a highly visible place set up to hang the call. Therefore, the 'publicity' principle  is a key point so that nobody can contest what was voted and approved in the Owners' Meeting.

6. What information must be included in the MON call?

 6.1 Meeting Day, place and hour  .

 6. 2  Day Order established by the President or, in case the meeting is urged by a group of owners, they will establish it.

 6. 3 A warning about the value of the vote of the absent owners: compute in favor of the proposal voted (CCC art. 553-24)

6. 4 An owner list with debts to the community: those who are not up to date with the community don't have a vote (CCC art. 553-26).

7. Which is the LPH deadline for communicating the MON celebration?

The LPH establishes that the owners must be informed of the ordinary convocation 6 days in advance in the case of ordinary meetings and in a 'possible' term when that is  for extraordinary meetings.

The court established that 'Extraordinary Meetings' must be notified at least 3 days in advance. This period stem from the deduction from the following words: 'it is required that (the summons) be made known to all interested parties (with sufficient time)'. As Sepin reminds us, there are a lot of cases holding this legal interpretation.

8. Is it obligatory to draw up MON minutes ? Who must record the minutes what is agreed in the MON?

Yes, of course: everything agreed in the MON will not be valid if it is not recorded in the minutes.

The secretary is who must draw up the minutes, the document must be authorized, with the signatures of the Secretary and the President, within five (5) days from the day after the meeting.

9. Can unlimited Extraordinary Meetings be held in our owners' community?

Yes, they can be held.

However, common sense suggests to limit them. Do you think that any issue deserves an extraordinary MON? In Feliu our Administrators can advise you.     

10. At whose request can the MON be celebrated?

 Meetings' can be when the President considers properly also, at least, a quarter (1/4) of the owners or those who also represent a quarter (1/4) of the participation quots. Similarly, a call will not be required if all the owners are present and all agree the meeting and its agenda. An important point: the President has the initiative to summon the Meeting or, in his defect, the promoters of the meeting (Art 16.2 LPH) but the Real Estate Administrator can never do it 'motu propio', if so, what has been agreed will be null.

11. Which is the quorum required to hold the Owners' Meeting?

We are talking about the quorum for holding meetings, not the quorum for taking into action decisions. The Owners Meeting' can be held without a owners minimum.

12. Can the Meeting be held with the President absence?

Yes, it can be done.

However he/she must be replaced by the Vice-president, the Secretary or another person. In any case, the who is provisionally occupying the Presidency must sign the the meeting minutes. 

13. As an owner, can I add a point/question to the meeting agenda?

Yes, but to do so you must write to the President asking him to record the matter you wish to deal with in the Agenda of a future meeting. 

14. Can I challenge the agreements made and voted by the MON?

Yes, with the of article 18 of the LPH requirements . There are three cases in which an agreement approved by the MON can be impugnated: 

14.1 Agreements adopted by the MON, contrary to the Law or Community Statutes' .

14.2 Agreements adopted by the MON, negative for the Community interests' .

14.3 Agreements adopted by the MON which cause serious harm to an owner who has no legal obligation to bear it.

Clearly, an agreement that has not been adopted cannot be challenged because it has no legal effect.

 

15. Does the MON have legal entity?

No, it does not.

This legal status implies that 'the holders of rights and obligations are the individuals who compose it, and not the group as such'. This is explained by Derecho.com. 

16. Can you resign, not accept or ignore the position of President in the Owners' Community ?  

No, except for special circumstances that have to be accredited to a judge in your town.

This is what article 13 of the LPH establishes. Be aware! You must not ignore the requirement of the community: you can be accused of incurring civil responsibility by not accepting the Presidency.

Feliu: always on your side