Who can call an extraordinary general meeting? Can it be called without the managing agent?

Question

José Manuel Alburquerque · Accepted Answer

The president of the owners' association (the “comunidad de propietarios”) calls it when they consider it appropriate or when asked to do so by at least a quarter of the owners or by owners who together hold a quarter of the participation shares, which are the percentage that each flat or commercial premises has in the building. If the president does not call it because the post is vacant, because they fail to act or because they refuse, the vice-president can call it and, if the vice-president does not do so either, the owners who asked for it can do so themselves. The managing agent is not the person who calls it. The managing agent usually prepares and sends the notice of the meeting on the president's instructions, but the meeting can be called without them. Who can ask for it The following can ask the president to call it: At least a quarter of the owners. In a building with 16 owners, for example, four. Owners who together hold at least a quarter of the shares, even if there are fewer of them. In principle, even a single owner can ask for it, such as the owner of commercial premises whose share reaches 25 %. It is advisable to make the request in writing and by a means that leaves a record, such as a “burofax” (a certified letter with proof of content). It must state the specific matters to be dealt with, because those matters must appear on the agenda. Any owner, even one who does not reach that quarter, can ask the president in writing to include a matter on the agenda of the next meeting. This must be done before the notice of the meeting is sent. If the president does not 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 law does not set a time limit for the president to respond, so it is advisable to give a reasonable one in the request and to keep proof that the meeting has not been called. Whoever calls the meeting must meet the same requirements as the president: Send the notice at least eight calendar days in advance, unless the matter is urgent, to the address each owner has given or, if they have not given one, to their flat or commercial premises. Put it up on the noticeboard the same number of days in advance. State the day, the place, the time and the agenda, with the matters that were requested. Include everything else the law requires, such as the list of owners in arrears, who cannot vote. The meeting is valid even if the president does not attend. If both the president and the vice-president are absent, those present choose who will chair it. If the secretary is absent, they also choose who will act as secretary. The managing agent's role The law gives the task of calling the meeting to the president, not to the managing agent. In practice it is the managing agent who drafts and sends the notice, but on the president's instructions. In principle, the managing agent cannot call the meeting on their own initiative, unless the by-laws allow them to. That is why the meeting can be called without the managing agent. If the president or the owners call it themselves, they should ask the association's secretary for the addresses each owner has given and for the list of those who owe service charges, because the notice must be sent to those addresses and include that list.