If you have been appointed president of your community, one of your main responsibilities will be to call homeowners’ meetings. Doing so correctly is key for the agreements to be valid and to avoid challenges. In this practical guide for presidents, we explain how, when, and with what content a call should be made, as well as the most frequent mistakes to avoid.
When should a homeowners’ meeting be called?
- Ordinary meeting: It must be held at least once a year to approve accounts and budgets.
- Extraordinary meeting: It can be called at any time if there are urgent or relevant matters.
The president has the initiative to call both, although it can also be done at the request of at least 25% of the homeowners or participation quotas.
How much advance notice is required?
The Horizontal Property Law requires that the call be made at least 6 days in advance, unless the bylaws require a longer period. For urgent matters, it is recommended that this reason be stated in the call.
What should the call include?
The call must be clear and contain:
- Date and time of the first and second call (with at least 30 minutes difference).
- Place of the meeting, which must allow all neighbors to attend.
- Agenda, detailing the points to be discussed.
- Signature of the president or secretary.
- Valid means of notification: hand delivery, postal mail, bulletin board, email (if authorized by the bylaws).
Common mistakes when calling a meeting
- Not respecting the minimum 6-day notice.
- Omitting the agenda or writing it ambiguously.
- Not notifying all homeowners (including absentees or debtors).
- Holding the meeting in an inaccessible place or at an inappropriate time.
- Not including a second call in case there is no quorum.
These errors can lead to the agreements being challenged.
Practical adapted example: community in Sotogrande
In a homeowners’ community in Sotogrande, the president wishes to call a meeting to approve an accessibility work. He writes the call with all the necessary data and sends it 10 days in advance by certified mail. However, he forgets to include the specific point in the agenda. Although the work was approved by majority, one of the owners challenges the agreement and the court rules in his favor, as proper notice was not given.
Conclusion
Calling a meeting correctly is a simple task if you know the legal steps. As president, your role is key to ensuring the validity of the agreements. Use this guide as a reference and remember that good communication avoids conflicts.
Are you new to the role? Also check out our guide on the functions of the president or learn what to do if you can’t accept the position.
Frequently asked questions about calling homeowners’ meetings
Can a meeting be called by email?
Yes, but only if allowed by the bylaws or previously approved unanimously.
What happens if the call is not made in writing?
The meeting may be considered invalid if not formally notified to all homeowners.
Can last-minute topics be included?
No. Only topics included in the agenda can be discussed. Others must wait for the next call.
Do defaulting homeowners have to be called?
Yes. All homeowners must be called, although defaulters may have voting rights limited in certain cases.
How much time should pass between the first and second call?
The law establishes a minimum of 30 minutes between both calls.
