Online owners’ meetings in Spain: legality and remote participation

Attending an owners’ meeting can be difficult for someone with conflicting working hours, a home in another city or a property in Fuengirola used for only part of the year. Video calls offer a practical way to stay in touch, but technological convenience and the legal validity of resolutions are separate issues.

Online owners’ meetings in Spain require a review of the applicable legal framework, notice arrangements and participation safeguards. Sending a video-conference link is not enough to make any gathering a valid owners’ meeting.

Are owners’ meetings by video conference legal?

For communities governed by Spain’s national Horizontal Property Act, including those in Fuengirola, the law does not contain an express, comprehensive general framework for entirely online meetings equivalent to the rules in some other settings. It is therefore inaccurate to say that all such meetings are automatically valid or that the president’s decision alone is sufficient.

The use of remote participation needs to be assessed for each community, taking account of its statutes, existing resolutions, acceptance of the system, every owner’s rights and the applicable legal criteria. If the statutes need to be amended, the required majority must be considered; a simple majority should not be assumed to solve every situation.

The LPH regulates the calling and holding of meetings, attendance, voting majorities and records of resolutions. These safeguards remain relevant when technology is introduced. If there is uncertainty about the legal basis of the format, an in-person meeting with properly documented proxy representation is a suitable alternative to consider.

The exceptional 2021 rules were not a permanent authorisation

During the pandemic, temporary rules allowed certain meetings by video conference or multi-party telephone conference under specific conditions. The provision in Royal Decree-law 8/2021 applied to the period ending on 31 December 2021.

That temporary measure should not be used as the sole basis for saying that any online owners’ meeting is valid today. A community having held remote meetings during that period does not remove the need to review how later meetings should be organised.

Information sessions, hybrid meetings and fully online meetings

Define the purpose of the session from the outset. A call to explain a quotation is different from a meeting that votes on a special assessment or approves the accounts.

A hybrid meeting is not free from legal concerns simply because a physical room is available. If remote votes are counted, the basis on which that participation is recognised and recorded must have been established beforehand.

What to review before sending the notice

1. Statutes, previous resolutions and professional advice

The property manager should review the community’s documents and explain relevant conditions and uncertainties to the president. Owners’ acceptance and technical safeguards matter, but they should not be presented as a formula that automatically removes every risk of a legal challenge.

2. Practical access for every owner

Check that owners have the equipment and can use the platform. A test connection, simple instructions and advance support can help. Digital tools lose their value if they exclude someone who needs to speak or understand a proposal.

3. Meeting notice and supporting documents

The notice must set out the agenda, date and time, arrangements for the first and second calls and the other information required by law. If remote participation is used, explain the system, access, identification and voting procedures while also complying with the applicable notice requirements.

The LPH requires at least six days’ notice for the ordinary annual meeting. For extraordinary meetings, sufficient notice must be given for all owners to be informed. A quick email or message does not automatically replace the required notification safeguards.

Identity, proxy representation and voting

At the start, it must be clear who is participating, which property they represent and its participation quota. A screen name or shared device can create uncertainty without prior checks.

Proxy authority must be properly documented. The LPH allows voluntary representation by a written authorisation signed by the owner. For owners living elsewhere, this can facilitate participation without relying on the validity of a remote vote.

Each proposal should be clearly worded, with votes and participation quotas recorded as required. An application’s counter may count connections or responses rather than owners, proxies or ownership shares.

The rules on outstanding community debts and voting rights in Article 15.2 must also be respected. A technological tool does not replace that legal check.

What happens if the connection fails?

Plan how to handle sound interruptions, loss of video and disconnections. The person chairing the meeting should distinguish a brief interruption from a problem that prevents an owner from listening, taking part in deliberations or voting.

Depending on the impact, it may be necessary to pause an explanation, repeat a proposal, postpone a vote or reconsider whether to continue. The minutes should record significant incidents and their effect on participation. It is inappropriate to proceed as though everyone heard and voted when that is known not to be the case.

Minutes are still required

A recording does not replace the minutes. They must contain the information required by Article 19 of the LPH, the adopted resolutions and the necessary voting details, together with an appropriate description of how participation took place.

Recording should not become automatic. Before doing so, assess the purpose, legal basis, information provided to participants, access to the file and retention arrangements. In many cases, properly prepared minutes document the resolutions without retaining everyone’s image and voice throughout the meeting.

Can WhatsApp polls approve community decisions?

A poll can help identify a preferred date or gather opinions. It should not be confused with a formal resolution: it may not correctly identify owners, account for participation quotas or proxies, or comply with the required notice and voting majorities.

Participating from outside Fuengirola with suitable safeguards

Technology can improve access to information and reduce barriers when used with clear arrangements. The format should be chosen before calling the meeting, rather than improvised during an important vote.

You can also read our explanation of the role of a community president.