What Are the Rules of a Condominium Owners’ Meeting?

A management structure for the shared areas of a building belongs, without exception, to the condominium owners’ meeting and its administrator. The administrator may be one of the owners or an outside entity hired for that purpose.

The operation and organisation of the condominium owners’ meeting are governed by the Civil Code (Articles 1430 and following) and by Decree-Law No. 268/94 of 25 October.

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The condominium meeting follows specific rules. Below you will find how notice must be given, how the minutes are prepared, and even how a condominium meeting can be challenged.

What is the condominium owners’ meeting?

The condominium owners’ meeting is the governing body empowered to deliberate and take decisions on all matters relating to the condominium, meaning the common parts of the building.

It operates under the law and under the condominium rules. Those rules govern the use, enjoyment, and upkeep of the common areas.

When does the meeting take place?

As a rule, the condominium owners’ meeting must be held during the first half of January to discuss the accounts for the previous year. At that time, it must also approve the budget for expenses to be incurred during the current year.

Exceptionally, this meeting may be held during the first quarter of each year, provided that this possibility is set out in the condominium rules or results from a resolution approved by a majority of the owners’ meeting.

Responsibility for convening the meeting generally lies with the administrator. However, owners representing at least 25% of the invested capital may also convene it.

How is the notice issued, and who must be notified?

The condominium owners’ meeting is convened by registered letter or by notice, with 10 days’ notice. For owners who expressly consent, the notice may be sent by email.

The notice must be sent to all owners of the building’s autonomous units. It must state the date, time, place, and agenda of the meeting. It must also identify any matters whose resolutions can only be approved unanimously.

Can the condominium meeting be held remotely?

Where so determined, the condominium owners’ meeting may be held through remote communication means, preferably by videoconference. However, if any owner has no way to participate and has informed the administration of that fact, the administration must ensure the necessary means for that person’s participation. Otherwise, the meeting may not be held in that format.

How should the minutes be prepared?

Condominium meetings must always be recorded in minutes. The minutes should include a summary of the essential matters discussed. In particular, they must state the date and place, the owners present and absent, and the items considered. They must also record the decisions and resolutions adopted during the meeting.

The document should likewise mention the result of each vote and confirm that the minutes were read and approved. The effectiveness of the resolutions always depends on approval of the corresponding minutes.

Finally, the minutes must be signed by the condominium administrator and subscribed by the owners present at the meeting.

How are decisions adopted?

As a rule, resolutions are adopted by a majority of the votes representing the invested capital. They must be communicated to all absent owners within 30 days, by registered letter with acknowledgement of receipt or by email.

Afterwards, owners have 90 days to inform the condominium meeting in writing whether they agree with or disagree with the decisions. If they do not respond within that period, they are deemed to have approved the resolutions communicated to them.

Can the meeting’s decisions be challenged?

Yes. Resolutions adopted by the meeting that are contrary to the law or to previously approved rules may be annulled. This may happen at the request of any owner who did not vote in favour of them. Owners have 10 days from the meeting or from the date on which they learned of the resolution to act. They may also call an extraordinary meeting to be held within 20 days, for the purpose of revoking invalid or ineffective resolutions.

The right to bring an action to annul the resolutions expires 20 days after the extraordinary meeting is held. If no such meeting was requested, the time limit is 60 days from the date of the resolution.

If you have questions, contact your solicitor.