What are the majorities to adopt the main agreements in the owners' community meetings
The owners' associations are organised into three branches: the presidency, the secretary and the owners' board. The community can decide to give the administration to an external professional, in this case he/she includes the secretarial functions.
Three charges are approved by the board, for one year and are understood to be extended until the next one takes place. The board is empowered to nominate a vice-president in the event of the president's absence or inability to attend. Notwithstanding the optionality of the figure, we recommend to have always a vice-president.
The owners' meeting is constitued by every owner of a private elements. This body must meet at least once a year to approve the comunity accounts and its budget. However, during the year the owners can be called to adopt specific agreements. These must be included on the corresponding meeting agenda.
In accordance with Catalan Law 5/2015, three types of majority are established for the approval of resolutions:
1. Simple: 50.1% (of coefficients and owners)
2. Qualified: 4/5 parts 80% (of coefficients and owners),
3. Unanimity: 100%.
What are the main decisions that can be taken by a Community of Owners and the majority required for their approval?
Simple majority:
- To execute works and remove physical barriers and install the elevator (citizens over 70 years and disable ones can demand lift installation on the court)
- To execute accessibility and security works in the building
- To execute works to install energy or water efficiency equipment in the building
- To connect broadband telecommunication services
- To establish individualized water, gas and light measurements
To adopt every agreements that do not require a certain majority established are approved by simple majority.
Qualified majority:
- To carry out physical modifications if they affect the structure of the building (except those referring to habitability, accessibility and security which are adopted by simple majority)
- To make amendments to the Statutes
- To build pools at the building
- Agreeing a additional quota justified by the excessive use of proprietary elements
- Approve the leasing of common elements for more than 15 years
Unanimity:
- Modify the participation the quotas assigned to the privative elements.
- To establish the exclusive use of certain common elements (patios, gardens, terraces, etc.)
- To authorize the use of common elements free of charge
- Extinguish the Horizontal Property regime or form a complex Horizontal Property
- To decide to submit to arbitration any issue arising from the Condominium
We have listed fifteen issues that can be approved at a Homeowners' Meeting. However, we are prepared to address any additional questions.