Extraordinary owners’ meeting: how to ask for a matter to be dealt with

When you can ask for a matter to be dealt with at an extraordinary owners’ meeting

If you are an owner and want the owners’ association to discuss a specific issue, the Ley de Propiedad Horizontal gives you a clear route: you may ask the Owners’ Meeting to consider and rule on any matter of interest to the community. The applicable law states verbatim that “**any owner may ask the Owners’ Meeting to consider and rule on any matter of interest to the community**” and that, for this purpose, they must send a written request “**specifying clearly the matters they ask to be dealt with**” to the president, who “**will include them on the agenda of the next Meeting to be held**” Ley 49/1960, art. 16.

This means several important things:

1. You do not have to wait for the president to take the initiative.

2. The matter does not have to affect only you; it must be an issue of interest to the community.

3. A general request is not enough: it is advisable to specify exactly what you want to be debated or voted on.

The request does not automatically turn that item into an extraordinary meeting called solely for that purpose, but it does oblige it to be included on the agenda of the next meeting held. In practice, if the matter is urgent or requires a specific meeting, it is customary to also ask for the meeting to be convened as an extraordinary meeting, but the legal key point is the written request to the president with the item clearly defined.

Who can request it and what standing they have

The standing to request the inclusion of an item is not limited to those who are up to date with payments; that restriction applies to voting and challenging resolutions under other articles, not to making the request. Article 16 refers to “any owner”, so the entry point is broad.

However, it is worth distinguishing between:

- **Requesting that an item be included on the agenda**: being an owner is enough.

- **Taking part with voting rights**: article 15.2 provides that those with overdue debts to the community, and who have not challenged them in court or paid them into court, may attend but not vote.

- **Challenging resolutions**: article 18 generally requires being up to date with payments or having paid the amount into court in advance.

If you act as a co-owner, usufructuary, representative or de facto administrator, you should check your exact position. For example, in a jointly owned property, the owners appoint a representative to attend and vote; but when requesting the inclusion of a matter, the prudent course is for the written request to be signed by those who hold title or by whoever is formally authorised.

How to draft the request step by step

To make your request useful and ensure it is not diluted, it is best to follow a simple method.

1. **Identify the community and the property**

- Give the building’s address.

- If you wish, add your flat or premises and your status as owner.

2. **Address the request to the president**

- The LPH expressly states that the written request must be sent to the president.

- If the community has a secretary-administrator, you may provide a copy for the record, but the formal addressee is the president.

3. **Explain the matter precisely**

- Do not write “various problems in the community”.

- Better: “I request that the installation of lighting in the entrance hall be included on the agenda” or “the approval of repairs to the roof” or “the review of the use of a common area”.

4. **If possible, include a concrete proposal**

- You may suggest that an item of works be studied, quotations be obtained or a technical report be commissioned.

- This is not mandatory, but it helps the meeting decide on a proper basis.

5. **Keep proof of delivery**

- Send the written request by a method that allows receipt to be proved.

- If you hand it over in person, ask for a stamped or signed acknowledgement of receipt.

6. **Check the next notice of meeting**

- Make sure the requested item appears on the agenda.

- If it does not appear, it is advisable to claim it immediately in writing.

What you must ask for exactly so that it is not rejected

Practical experience in owners’ associations shows that many requests fail not because of a lack of right, but because they are unclear. Article 16 requires the owner to “specify clearly the matters” they ask to be dealt with. For that reason, avoid requests that are too broad or ambiguous.

### Common mistakes

- Asking to “talk about the community” without specifying what.

- Mixing several unrelated issues into a single sentence.

- Confusing a proposal with a personal complaint.

- Addressing the request to a neighbour, the administrator or a company, instead of the president.

- Thinking the matter will be added to the meeting on the same day if the notice has already been sent.

### Practical tips

- If the issue is sensitive, frame the item as a proposal for agreement or study, not as an accusation.

- If you need documents in advance, ask for them before or at the same time so the meeting can assess the matter with data.

- If there is urgency, expressly request that an extraordinary meeting be convened for that matter, although remember that the sure legal obligation is its inclusion in the next meeting held.

What happens if the president does not include it

The general rule is that the president must include the matter on the agenda of the next meeting. If they do not, it is advisable to proceed in an orderly way:

1. **Repeat the request in writing** citing article 16 of the LPH.

2. **Provide evidence of the date of sending and receipt**.

3. **Ask the secretary or administrator** to confirm whether the notice of meeting has already been closed or whether it can be corrected.

4. **Check whether the issue can be raised at the meeting itself** if all owners attend and all agree to hold it without notice, because the law allows the Meeting to be validly held even without notice from the president when all owners are present and so decide.

However, this route should not be confused with a right to impose a meeting unilaterally outside the formal channels. If the president or the people calling the meeting do not convene it, the community remains subject to its own rules on convening and agenda setting.

Final recommendation for owners

If you want the community to deal with a specific matter, act precisely and with documentary proof. In summary:

1. Check that the issue is genuinely of interest to the community.

2. Send a written request to the president.

3. Describe the matter clearly and specifically.

4. Ask for it to be included on the agenda of the next meeting.

5. Keep supporting documents.

If you need help assessing how to fit your request into the real dynamics of your community, you can use our online guide valuation, request information from /contacto or visit our real office at Montesa 29, Madrid, Monday to Friday from 10:00 to 15:00 and from 16:00 to 19:00.

This content offers general guidance on requesting matters at an extraordinary meeting, but it does not replace analysis of the specific case, especially if there are special bylaws, co-ownership, usufruct or previous conflicts between neighbours.