Is an owners' general meeting compulsory every year?
Yes. The “Código Civil de Cataluña”, the Catalan Civil Code, requires the owners' general meeting to meet in ordinary session once a year to approve the accounts and the budget and to elect the people who hold the offices. The president must call it and, if the president does not, the owners themselves may end up calling it. The rule that dispensed with holding it during Covid ceased to apply on 30 June 2022.
Alburquerque Abogados
José Manuel AlburquerqueWhat it is for
The annual general meeting has three tasks laid down by law:
- Approving the year's accounts, that is, the income and expenditure of the owners' association (the “comunidad de propietarios”).
- Approving the following year's budget, which sets out the expected spending and from which the service charges paid by each owner are worked out.
- Electing or renewing the people who hold the offices, such as the president.
Other matters can be dealt with at the same meeting, provided they are on the agenda. The law does not set the month in which it must be held.
If the president does not call it
- A quarter of the owners, or owners who together hold a quarter of the participation shares, which are the percentage that each flat or commercial premises has in the building, can ask the president in writing to call it.
- If the president does not call it, the vice-president, if there is one, can do so. If the vice-president does not do so either, the owners who asked for it can call it.
- The meeting is held with whichever owners attend, however many there are. No minimum attendance is required.
If it is not held one year
During Covid, a temporary Catalan rule dispensed with the annual general meeting and treated the budget as extended. It ceased to apply on 30 June 2022, although some websites still present it as being in force. Today the annual general meeting is compulsory again.
The Catalan Civil Code does not say what happens if the meeting is not held one year. In practice, the association is left without approved accounts and without a new budget. The offices are not renewed, although those who hold them remain in office until the next annual general meeting. That tends to cause problems, for example when claiming service charges from a neighbour who does not pay, because the meeting normally has to approve the debt first. If the president does not call the meeting, it is advisable to ask for it in writing as soon as possible.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.