Short notice for first AGM

We are the owners from the first 3 Phases of a 10 phase development.  Our self-appointed President, owner of the development company, has sent out Community first AGM invitations to appoint  a maintenance company (recommended by him, 2 hours drive away) and set out rules for the development.  Since all but a few are holiday homes most owners will not have heard of the meeting until its over (7 days notice)

Is it not true that the whole development has to be complete before a community is in place.  The owners that hear about the meeting will send in a proxy vote but can the developer use the unsold property votes to gain  a majority.   The "President" has set some outlandish rules such as no parking in the streets which already have designated parking and silence around the pool.

Is this legal?

Hi Jo & Jim

Lets hope that Maria L. de Castro, JD, MA is reading this Post I think she will be able to Give some advice on subject, if not the EOS Team may give some information.

Maria L. de Castro

Please look at this thread I dont know if you check them all but I do think we need advice on what Jo & Jim are on about and we need it quick or if the EOS team pick this up any help or advice would be great !!!

Is anybody out there???????????????????????????  Our meeting is tomorrow.  Help please!!!!!!!!!!!!!!!!!!!!!!!!

MOJITO  I just sent you a private message

The fact that people have completed on properties in your community means that it needs a president and administrator to run it.

In terms of your "president", the president cannot be self appointed.  He or she must be voted in at an AGM or EGM.

In terms of communities where the developer still owns the majority of properties, the developer only gets one vote for all the properties it owns, and not one vote for each property.  I'm pretty sure of that but you'd best download the horizontal property laws (right click and save the pdf to your PC) here and just check that to make certain.

With regards to the administrator, remember that he/she must also be voted in at the AGM.  In the majority of cases the initial administrator is selected by the developer to attend the first meeting, but again, this can be approved on the day or not.

Not sure if any of that has been at all helpful

Justin

Big help thanks Justin & Team, just hope the rest of Calas Del Pinar get this. Cheers

 Hi,

With respect to votes, there is a double system.  Each owner counts for one vote the first part of the system, regardless of how many units he holds in the community.  The second part of the voting system counts votes by percentage of ownership in the community and the percentage assigned to each unit is mentioned in the Notarial Deed (Escritura).

For example, for those matters where a majority of votes is required, you need to count the individual votes of one vote per owner PLUS the percentage votes and the majority of both is required to carry the matter.  This is why in communities where the developer still owns many units,  he virtually has a veto power which is limited only by the fact that to carry a matter you also need majority (or more) of individual owners.

Justin is right that the community exists "de facto" and therefore it is adviseable to formalize it since the moment in which completion of the first unit is done since at that time there is already a community of owners, if only two.

Thanks everybody for your replies.  Sorry for the delay in writing back but due to high winds and bridge closures we've just returned home.  You lucky people living in the warm south.