If you’re a homeowner, you’re likely to have attended more than one community or owners’ meeting. If you were unable to attend a meeting, you’ll have been able to find out what was discussed in the minutes of the owners’ meeting. But what exactly are they? Why are they important? In this article, we’ll try to answer all your questions.
Índice de contenidos
- 1 What are the minutes of an owners’ meeting?
- 2 The importance of the minutes in the community
- 3 What should be included in the minutes?
- 4 Who drafts and signs the minutes of the owners’ meeting?
- 5 What happens if the chairperson does not sign the minutes? Will the resolutions be null and void?
- 6 What should you do when you don’t agree with the content of the minutes?
- 7 Where do the community minutes have to be sent?
What are the minutes of an owners’ meeting?
It’s the document that certifies in writing all the topics discussed at the meeting, as well as the resolutions agreed upon.
The importance of the minutes in the community
This document is very important, as it reflects all the topics discussed at the meeting. All owners can access the information, even if they weren’t able to attend the meeting. If you’re a new owner, you can stay up to date by reading the minutes. There may be outstanding issues or rules that affect you and this is the best way to ensure a minimal degree of legal certainty.
What should be included in the minutes?
Certain information must be included in the minutes in order for them to be valid. Failure to do so may result in the document and of all the resolutions agreed upon being rendered null and void. We describe all the aspects that it must contain below:
- Date and place where the meeting is held. The time and place of the meeting must be included. Also whether it’s held on first or second call, as well as whether it’s an ordinary or extraordinary meeting.
- Person calling the meeting. The person calling the meeting must appear in the minutes, whether this is the property administrator or the owners.
- Note down all the attendees. It’s necessary to state whether each resident has attended the meeting as an individual or as a representative. A record must also be kept of possible absences of neighbours in case they make objections after the votes have been taken.
- Record the neighbours in arrears. Should any of the neighbours owe community fees, this must be recorded. Their votes will not be considered valid.
- Agenda. All the points discussed at the meeting must be included. In addition, the resolutions dealt with must be noted down. If a resolution is not recorded in the notice of the meeting, it cannot be carried out.
- Resolutions adopted by the board. It’s vitally important that all issues discussed are written down clearly and concisely. The number of votes for each resolution, the name of those who have had the option to vote and the number of votes they represent are recorded. Any votes against should also be noted, as this facilitates the right to object.
We recommend you read: Arrears in Communities of Property Owners
The content of the community minutes must be finalised within ten calendar days. All resolutions must be recorded in the minutes book of the meeting.
Who drafts and signs the minutes of the owners’ meeting?
The person in charge of drafting the minutes of the owners’ meeting is the secretary or chairperson. Otherwise, the person responsible for signing the minutes is the person who presided over the meeting. If the chairperson is absent, the vice-chairperson must assume this role. If both parties are absent, the meeting can appoint one of the attending owners as provisional chairperson. In this case, the person appointed will be the one who signs the minutes.
What happens if the chairperson does not sign the minutes? Will the resolutions be null and void?
In the event that the chairperson refuses to sign the minutes of the meeting, the secretary or property administrator can sign in their place. In addition, the owners have to be sent a notice stating that the chairperson refuses to sign the minutes of the meeting. This may make you think that the resolutions will not be valid. But this is actually not the case. The absence of the chairperson’s signature in no way invalidates the resolutions adopted.
What should you do when you don’t agree with the content of the minutes?
Any resolution adopted at the meeting must be reflected in the minutes. Should resolutions be passed that may be detrimental to the community or an owner, the minutes may be challenged. This is done by filing an appeal through the courts. The only legal requirement to be able to challenge a resolution is to be up to date with community payments.
Where do the community minutes have to be sent?
Once the meeting is over and the minutes have been drawn up, they must be sent to each owner at their home address. If the owner hasn’t provided another address, all summons and notifications will be sent to the flat or premises belonging to the community.
As you can see, the minutes of the owners’ meeting are a vitally important document for the community to run smoothly.