A special assessment resolution annulled after a meeting notice omitted the agenda

A community arranges a meeting through WhatsApp, and its resolution about a special assessment ends up being annulled in court. María González Villasevil describes the case in a report published by Economist & Jurist on 1 October 2026: the Provincial Court of Palma de Mallorca upheld the annulment of a resolution concerning the collection of a special assessment after a meeting notice failed to identify the matters to be discussed.

According to the report, some owners had requested documents about the works but had not received them. They were later asked to pay. The messages submitted as evidence only announced an intention to meet; the agenda subsequently appeared in the minutes.

The report does not establish that every meeting notice sent through WhatsApp is invalid. It does remind us that using an everyday channel still requires the safeguards for convening meetings and informing owners.

The case invites us to consider a familiar situation: after weeks of discussing a problem in the building, it is easy to assume everyone knows the same things. Preparing a meeting means checking that assumption.

Each neighbour knows a different part of the story

Consider a fictional example, separate from the reported case. The president has spent weeks talking to contractors about a repair. The property manager has asked for clarification of two quotes. One owner knows the problem well, while another has only heard that something needs fixing.

For those already working on the issue, a message such as ‘let’s meet on Thursday to discuss the works’ may seem sufficient. They remember the visits, prices and earlier conversations. Others may only be starting to understand the problem. Someone might arrive expecting an update and find a payment proposal on the table.

Preparing the notice means making that context clear. If a decision on a special assessment is intended, owners should be able to recognise this from the agenda. They can then consider the questions that affect them: what is proposed, why, what it would cost and how it would be paid for.

There is also the question of time. Someone working that afternoon or living elsewhere needs to arrange their participation. Knowing the planned topics helps them decide which documents to consult and what instructions to give if they choose to appoint a representative.

What the meeting notice needs to make clear

For communities governed by Spain’s national Horizontal Property Act, Article 16 requires the notice to identify the matters to be discussed and the place, date and time of the meeting on first or, where applicable, second call. Notices must be served in accordance with Article 9. Article 16 also includes other requirements, such as a list of owners with overdue debts and a warning about voting rights in the circumstances established by law. Read Article 16 of the LPH.

Writing a clear agenda is therefore one part of the preparation. Who convenes the meeting, how owners are notified and how much notice is given must also be checked under the rules applicable to the community.

For a roof repair, a fictional example of an agenda item would be:

Review of quotes for repairing the roof and approval, if appropriate, of the special assessment to fund the works, its allocation and payment schedule.

This is an illustrative wording example that must be adapted to what will actually be put before the meeting. It makes clear that a financial proposal is planned and remains subject to a decision. On its own, it does not demonstrate that every requirement for convening the meeting has been met.

The explanation worth preparing before the meeting

Once the agenda item is defined, the property management team can provide information to help owners understand it. As good practice, it is useful to gather the available quotes, explain their differences and identify details still awaiting confirmation.

If an allocation of costs is proposed, explain the basis used. If a supplier has yet to respond, make that visible. An owner can then ask about that specific issue without having to reconstruct weeks of conversations.

Wording matters here too. ‘Payment of the special assessment in three instalments is proposed’ explains the proposal’s status. ‘The special assessment will be paid in three instalments’ may suggest that the decision has already been made.

These recommendations help prepare the discussion; they do not replace the formal meeting notice or professional review of the particular case.

A check before sending

Before issuing the notice, it is worth reading it from the perspective of someone who has just joined the community:

• Can they identify the topics to be discussed and the decisions proposed?
• Do they know when and where the meeting will take place?
• Is there a clear way to consult the available information and ask questions?
• Have the recipients, method of notification and applicable notice period been checked?

That change of perspective helps reveal what is missing. The recipient should be able to understand the notice without having followed every conversation in the group. This is the practical reflection the report leaves us with: taking time to explain what will be decided is part of looking after a community.

At vecinOS, we focus on that preparation: making the property manager’s knowledge understandable to owners and leaving room for questions. A community may disagree about works or how to pay for them. Arriving at the meeting knowing what is proposed makes it possible to spend the time discussing it with the relevant information.