Representation at meetings: preparing and reviewing proxy authorisations

When an owner cannot attend a meeting, representation allows someone else to take part on their behalf. The team preparing the meeting needs to verify who represents whom, for which meeting and with what authority.

Receiving and reviewing those documents in advance makes opening the room easier. It also helps identify questions while there is still time to ask the owner for clarification.

This guide focuses on voluntary representation in communities governed by Spain’s national Horizontal Property Act. Catalonia has its own rules on attendance and voting in its Civil Code; requirements must be checked under the regime applicable to each community. Civil Code of Catalonia, articles 553-22 and 553-24↗ (opens in a new tab).

Start with the legal requirement and organise the checks

Article 15.1 of the LPH states that voluntary representation may be evidenced by a document signed by the owner. That is the starting point for checking a simple proxy authorisation. The provision does not generally require a notarised power of attorney or a copy of the owner’s identity document. Article 15.1 of the LPH↗ (opens in a new tab).

In practice, the document must make clear who gives the authority and to whom. If details are insufficient, the signature is unclear or its origin is uncertain, request the clarification needed before considering the check complete.

A photo or file received must be readable and verifiable. The file name, sender’s address or inclusion in software is not enough on its own to resolve those questions.

Provide a document that identifies the meeting

A clear form helps the owner express their wishes and the practice link them to the right meeting. As a practical recommendation, include:

• The community and meeting date.
• The identity of the owner granting representation.
• The property or properties concerned.
• The identity of the representative.
• The scope of the authority and any instructions to include.
• The date of the document and the owner’s signature.

These fields make checking easier; they are not all a literal list of additional requirements under article 15. Adapt the form to the situation and avoid requesting unnecessary data.

This fictional, illustrative example illustrates a simple voluntary representation:

Community: [community details]
Meeting: [date stated in the meeting notice]

I, [owner’s name], owner of [property or properties], authorise [representative’s name] to attend and participate on my behalf in the specified meeting, with the following scope: [describe the authority and, where applicable, voting instructions].

Date of document: [date]
Owner’s signature: [signature]

The template needs completing and reviewing. Joint ownership, usufruct, corporate ownership or legal representation require checking who may act and which documents are needed.

Check each document against the owners’ register

Match the document to the ownership and properties in the working register. Check that the signer may grant representation and that the authority refers to the meeting being prepared.

For a flat or commercial unit with several co-owners, the LPH provides for them to appoint one person to attend and vote. It also sets a specific rule for usufruct. Resolve doubts about the particular situation before adding representation to the attendance register. Article 15.1 of the LPH↗ (opens in a new tab).

Use simple statuses: received, awaiting clarification and reviewed. Note what is missing and who is checking it. The rest of the team can then continue without reconstructing the whole conversation.

It helps to request documents in advance to organise the checks. Present that date as an operational recommendation; do not automatically make it grounds for rejection without checking the basis and circumstances.

Keep the representative separate from each owner represented

One person may bring documents from several owners. The register must identify each relationship separately, with the relevant shares and instructions. The representative’s personal choice must not be confused with each represented owner’s wishes.

Also check any owner circumstances affecting voting rights. Delegating attendance does not itself change that owner’s situation under article 15.2 of the LPH. Article 15 of the LPH↗ (opens in a new tab).

If you use a digital tool, check that the displayed record matches the reviewed documents. The person handling attendance must be able to locate the relevant authorisation whenever a question arises.

Prepare for changes or conflicting documents

A second authorisation may arrive, an owner who planned to be represented may attend in person, or an instruction may be unclear. Decide who will review the issue and how it will be documented.

Retain the documents received and clarify the owner’s wishes when necessary. Do not resolve a conflict solely by the order in which emails arrived. Review the documents’ scope and record the decision and its reason, preventing the same participation from being counted twice.

If the available documents cannot resolve the issue, seek legal advice appropriate to the case. A procedure for handling issues helps identify exactly what still needs determining.

Retain the documents supporting attendance

Article 19.2.d of the LPH requires the minutes to record those attending and owners represented, with their shares. Paragraph 4 requires the secretary to retain proxy authorisations and other relevant meeting documents for five years. Article 19 of the LPH↗ (opens in a new tab).

Afterwards, check that the attendance record and retained documents let you reconstruct the representations used and issues resolved. That continuity helps prepare the minutes and answer later questions on a verifiable basis.