Community or association of owners

Home / European Land Registry Network / Portugal / Community or association of owners

1. Does your national law envisage that the owners of the apartments are organised in any type of association or community to take decisions about common interests in the building or block which their apartments belong to?

The administration of the common parts of the building is incumbent on the assembly of the owners and an administrator. Every owner has the assembly how many votes the whole units that fit on his percentage or per thousand share (Article 1430 of the Civil Code).

The Assembly shall meet in the first fortnight of January, convened by the administrator, to discuss and approve the accounts for the last year and approval of the budget of expenditure incurred during the year. The assembly also meet when convened by the administrator or by joint owners representing at least twenty-five percent of the capital invested. The joint owners may be represented by an attorney. (Article 1431 of the Civil Code).

The administrator is elected and dismissed by the Assembly. If the assembly does not elect the administrator he will be appointed by a court, upon request of any of the joint owners. The administrator may be dismissed by the court, upon petition of any joint owner, when that show irregularities practiced or acted negligently in the performance of their duties (Article 1435 of the Civil Code).

The administrator has several duties assigned by law and is entitled to act in court, or against any of the owners or against third party in the execution of the functions that belong to it or when authorized by the Assembly. The administrator may also be sued in actions relating to the common parts of the building. (Articles 1436 and 1437 of the Civil Code).

2. In this case, does Law this association have a legal personality?

The assembly of the owners does not have legal personality although it must be inscribed at the legal persons national registry (subparagraph d) paragraph 1 Article 4 Decrew-law n.º 129/98, 13 May).

3. Otherwise, are these matters dealt with under the ordinary regime for co-ownership, or are there special features in these cases?

Not applicable.