How to change condominium management: step by step

To change condominium management, all it takes is a resolution of the owners' meeting (assembleia de condóminos): the condominium administrator is elected and removed by the owners' meeting (Article 1435 of the Civil Code) and, unless a special rule applies, the decision is taken by a majority of the votes representing the capital invested (Article 1432). The process comes down to four stages: preparing the decision, calling the meeting with the item on the agenda, voting and recording it in the minutes, and organising the handover between the outgoing and incoming management.

What the law says about the administrator

Article 1435 of the Civil Code sets out the essential rules:

• Election and removal are a matter for the owners' meeting.
• The role can be paid and can be held by an owner or by a third party, such as a management company.
• The term is one year, renewable, unless otherwise provided.
• The administrator stays in office until a successor is elected or appointed. The condominium is not left without management between the resolution and the new administrator taking over.
• Removal by the court: any owner can ask the court to remove the administrator where they have committed irregularities or acted negligently in carrying out their duties.

In most cases, the change is made the simple way, through the owners' meeting. The court route is for situations of serious conflict and should be handled with a lawyer.

Step by step to change management

1. Read the current contract and the minutes of the last election

First of all, check the terms on which the current management was elected: start date, length of term and approved fees. If there is a written service contract, look at the clauses on duration, renewal and notice. The owners' resolution decides who manages the building, but the contract may set out termination conditions that are worth knowing to avoid disputes.

2. Request and compare proposals

Ask for at least two or three proposals and compare them on the services included, not just on price. In the article how much condominium management costs we explain what to compare and which extra costs to ask about. The proposals should ideally be sent to the owners before the meeting.

3. Call the meeting with the item on the agenda

The meeting is called by the administrator or by owners representing at least 25% of the capital invested (Article 1431(2)). This is useful when the current management does not want to call a meeting to discuss its own replacement.

The notice of meeting (convocatória) follows Article 1432:

• registered letter sent 10 days in advance, or a notice of meeting delivered with the same advance notice, with a receipt signed by the owners;
• email for owners who have said they wish to receive it this way at a previous meeting, with the address recorded in the minutes, and who must send an acknowledgement of receipt by the same means.

The agenda should be clear, for example: "Removal of the current management and election of new management for the period…". You can use the annual ordinary meeting or call an extraordinary one. The details are in our owners' meeting guide.

4. Vote and record everything in the minutes

The resolution should be recorded in the minutes (ata) with:

• the removal of the outgoing management and the date on which it takes effect;
• the details of the new management, the length of the term and the approved fees;
• authorisation to change the signatories on the condominium's bank accounts;
• a deadline for the outgoing management to hand over documents and funds.

The minutes are the document that the bank, the suppliers and the outgoing management itself will ask for. The more specific they are, the less room there is for argument.

5. Organise the handover

This is where most changes go wrong. The table summarises what should be handed over.

Area	What to receive
Core documents	Constitutive title (título constitutivo) of the horizontal property, condominium regulations, minutes book and original minutes
Finances	Accounts for the last financial year and the current year, bank statements, proof of expenses, approved budget
Common reserve fund	Balance and statements of the account where it is held
Owners	Account statement for each unit, list of debts, payment plans in progress
Contracts	Lifts, cleaning, maintenance, energy, water, telecommunications
Insurance	Policies, including the mandatory fire insurance (Article 1429), and open claims
Legal matters	Court actions, payment order procedures (injunções) and other pending proceedings, with the lawyer's contact details
Technical	Keys, remotes, access codes, inspection reports and maintenance history

6. Inform owners and suppliers

Once the files have been received, the new management gives the owners the new payment and contact details, and informs the suppliers and the insurer of the change. An owners' portal makes this transition easier, because each owner can then check accounts, minutes and communications in one place.

What to demand from the outgoing management

Article 1436 of the Civil Code includes among the administrator's duties rendering accounts to the owners' meeting and keeping and maintaining all documents relating to the condominium. On departure, this translates into three specific demands:

1. Accounts up to the date of termination, with reconciled bank balances.
2. Handover of all documents in its keeping, ideally with a handover record signed by both managements.
3. Information on ongoing proceedings — the administrator has a duty to inform the owners whenever the condominium is served with or notified of court proceedings, and those proceedings carry on after the change.

If the outgoing management does not hand over what it should, record the refusal in the minutes and notify it in writing. If the deadlock continues, take legal advice on the court remedies available.

Common risks when changing management

• Irregular notice of meeting. A meeting that is not properly called opens the door to the resolution being challenged (Article 1433). Keep to the deadlines and methods of sending.
• Bank accounts not updated. Until the signatories change, the new management cannot pay suppliers.
• Duplicate or missed payments in the month of the transition, through lack of coordination.
• Forgotten insurance. Check the policies' renewal date and who the insurer sends notices to.
• Old debts left unchased. Fees unpaid for years may become time-barred; see what to do in the article on unpaid condominium fees.
• Mismatched expectations. Before choosing, it is worth reviewing what a condominium administrator really does.

This article is for information only and does not replace legal advice on your condominium's specific case.

Thinking of changing management?

Condgest supports the whole process, from the proposal to the handover, with clear accounts available online. Find out how it works in changing management.