Living in an apartment building means sharing responsibilities. To manage these shared spaces, the law establishes the figure of the Condominium Assembly (Assembleia de Condóminos).
These meetings are a practice strictly regulated by Portuguese law, specifically included in the Horizontal Property Regime. The assembly is the essential administrative body used to guarantee peaceful coexistence between owners and reach democratic agreements regarding the management and budget of the building’s common areas.
However, condominium meetings have their own strict rules. Calling such a meeting must meet specific deadlines and legal requirements. If the administrator fails to follow these formalities, any decisions made during the meeting run the heavy risk of being legally challenged or canceled.
As a condominium owner (condómino), it is vital to know your rights and duties. Who can call a meeting? Is attendance mandatory? Can you join via Zoom? Find all the answers in this comprehensive guide by the Folime real estate team.
What is the Condominium Assembly Actually For?
The assembly aims to promote the defense of the owners’ collective interests and ensure that each co-owner fulfills their financial and behavioral duties. It has the legal ability to make decisions that directly affect the condominium’s budget and your wallet.
During the meeting, major decisions are voted on, including:
- Appointing the Administrator: Electing the person (or company) who will closely follow the administration of the condominium, draft the budget, and represent the owners before administrative authorities.
- Approving the Budget: Preparing, discussing, and approving the income and expenditure budget for the upcoming year.
- Approving Works: Voting on whether to execute expensive maintenance or aesthetic works in the building (like painting the facade or fixing the roof).
- Defining the Rules: Establishing or amending the internal condominium regulations, which dictate the use of shared services and common parts of the building (such as corridors, stairs, elevators, garages, or swimming pools).
Types of Condominium Meetings
There are two distinct types of meetings you can be called to attend:
1. The Ordinary Meeting:
By law, this must be convened and held at least once a year, specifically during the first fortnight of January. At this meeting, the administrator presents the previous year’s accounts for approval, presents the new budget, and discusses standard maintenance issues.
2. The Extraordinary Meeting:
This aims to address urgent issues that simply cannot wait until the next January. There is no legal limit to the number of extraordinary meetings that can be held in a year. They are typically called to approve urgent structural repairs, address severe neighbor disputes, or replace a failing administrator.
To deal with expensive, unexpected works, the law dictates the mandatory creation of a Common Reserve Fund (Fundo Comum de Reserva), which must be deposited in a specific bank account and is intended exclusively for the conservation of the building.
How Are Condominium Meetings Called? (The Legal Rules)
The formal convocation (calling) of the meeting must comply with strict legal requirements outlined in Article 1431, No. 2 of the Portuguese Civil Code.
Who can call it?
The meeting must be called by the official condominium administrator. However, if the administrator refuses, it can be called by a group of condominium owners who represent at least 25% of the total invested capital (permilage) of the building.
The 10-Day Notice Rule:
The notice must be sent to each owner by registered mail with an acknowledgment of receipt, exactly 10 days in advance of the meeting date.
✅ The 2022 Email Update: Since 2022, the law finally allows notices to be sent via email! However, there is a catch. The owner must have expressed their explicit consent to receive notices via email in a previous assembly, and this consent must be recorded in the minutes. The administrator must also request an electronic «read receipt» for the email.
What Must the Convocation Notice Include?
There is no specific state model for the notice, but there are formalities you cannot skip. If they are missing, any owner can legally cancel the resolutions adopted. The written notice must clearly state:
- The exact day, time, and physical (or virtual) location of the assembly.
- The Order of Work (Ordem de Trabalhos)—a detailed agenda of what will be discussed. You cannot legally vote on a major financial issue if it was not listed on the agenda beforehand.
- Information regarding any specific topics on the agenda whose decisions legally require a unanimous vote (100% agreement) from all owners.
Frequently Asked Questions (FAQ)
Is it mandatory to attend condominium meetings?
While highly recommended to protect your financial interests, it is not legally mandatory to attend. However, if you do not attend and do not send a proxy to vote in your place, you automatically forfeit your right to vote. You will be legally bound to pay your share of whatever budget or works the attending owners approve, even if you strongly disagree with them.
Can I participate in the meeting remotely (via video call)?
Yes. Following recent updates to the law, condominium assemblies can now be held via video conferencing platforms (like Zoom or Teams). However, if any owner informs the administrator that they do not have the technological means or internet access to participate remotely, the administrator is legally obliged to provide the necessary equipment or arrange a hybrid meeting (where some meet in person and others join online).
Can tenants (renters) vote in the assembly?
No. The assembly is exclusively for the property owners (senhorios) or their legal representatives. A tenant cannot vote on building budgets or works unless the owner has given them a formal, legally signed proxy document specifically authorizing them to do so.
Disclaimer: The information provided in this article by Folime is for educational and administrative guidance only. It is based on the general guidelines of the Portuguese Civil Code regarding Horizontal Property. For specific disputes with your condominium administrator, always consult a certified real estate lawyer or julgado de paz.
latest posts published
Footwear Biomechanics: Why ‘Barefoot’ Shoes Are Dominating Modern Streetwear
The Vintage Revival: How to Source and Authenticate High-End Secondhand Fashion
Proportion Play: The Geometric Rules of Styling Oversized Garments Correctly
The Science of Fabric: Why Polyester is Damaging the Skin (And Healthier Alternatives)
Investment Pieces: The 5 Structural Garments Every Professional Wardrobe Requires
Decoding the Dress Code: A Modern Guide to ‘Smart Casual’ for the Hybrid Workplace
The Death of Fast Fashion: Why ‘Cost Per Wear’ is the Only Metric That Matters
Sustainable Fashion: How to Identify ‘Greenwashing’ When Purchasing Apparel
Dopamine Dressing: The Psychological Impact of Color on Daily Productivity
