APEGAC’s essential tips: advance notice, quorum, powers of attorney, supporting documents or even transparency.
At this point, many ZAP readers must already have the condominium assemblyif the context is justified.
It’s in January that, either the assembly is held, or the assembly is scheduled – which is often important, in others it is boring and prolonged, in others it is prolonged and “goes wrong”.
APEGAC – Portuguese Association of Condominium Management and Administration, in a statement sent to ZAP, leaves a short list of 5 essential points that can directly impact the validity of decisions taken at an assembly.
First point: the ata. It is an executive title for collecting outstanding dues. You must register the approval of the condominium budget, detail the amount to be paid for each fraction and the due date for each installment. If the minutes only approve accounts or mention existing debts, they cannot be used in judicial enforcement.
Call and frequency: the condominium assembly must meet at least once a year. The notice must be sent to condominium owners at least legally in advance (10 days, not counting the day of sending and the day of the meeting), by registered letter or email.
Quorum and representation. The required quorum varies depending on the subject. Approval of accounts or budget: majority of the assembly (half plus one vote); construction of marquees on terraces or balconies, innovations in the building: qualified majority (two thirds plus one vote). Condominium owners can be represented by power of attorney. The vote cannot be secret – each condominium owner is entitled to the number of votes equivalent to the percentage or percentage of their fraction. The meeting can take place outside the building, or even via video conference; and does not have to be chaired by the condominium administrator.
Writing of minutes and supporting documents. The minutes must contain: quorum, presences, absences, deliberations on each item on the agenda and declarations of votes. A condominium owner can refuse to sign – but the minutes continue to be “valid”, as long as they have been approved by the assembly. The supporting documents are: accounts, budgets or others – which must be made available in advance. If the accounts or budget are not approved, a new meeting must be held.
Transparency and communication: clear and early call; deliberations on individual debts without exposing co-owners (but included in the minutes); clear explanations in the assembly itself; avoid conflicts and protect the interests of the condominium and condominium owners.
