Legalising Minutes

From a newbie president

We are having problems getting the 'white book' from our old admin, awaiting court action!

Is it possible to function without them?

When are minutes accepted as being legal?

Do they have to be signed in front of a notary? 

Some owners are saying we will not pay fees until you can prove the minutes are legal!

 I do not understand. What is the " white book"?

 I think it is called the  libro de actas - the book where the minutes etc are recorded?

There is no such thing as the 'white book' it is called the Libro de Actasand is regsitered at the Land Registry. It is the property of the Community and the Administrator is acting criminally if he refuses to give it to you but many use this ploy to extract money from a community once dismissed.... you could write to the collegio in Murcia or even burofax them with the details of the particular administrator in question together with a demand for the book to be returned to the community.

It will be very difficult to operate without this minute book as it will be requested whenever a new committee, president or administrator tries to carry out a task with a new supplier or bank or even register the minutes at the registry.

The minutes of a meeting have to be provided to all owners 10 days after any such meeting and are deemed to have been accepted in the absence of any formal request to the President for a revision or a formal request to a court for a revision.... there is no requirement for them to be accepted at the following AGM or EGM.

Good luck to you and don't let this administrator rule the roost, If I can be of assistance don't hesitate to pm me.

Barry

 From what Johnzx is saying it looks like the minutes and resolutions adopted are not approved until the next annual meeting?

The law states:

Section 19

1. The resolutions of the general assembly shall be recorded in a book of minutes stamped and validated by the Land Registrar in accordance with the applicable regulations.

2. The minutes of each meeting of the general assembly shall express, at least, the following circumstances:

a) the date and place of the meeting;

b) the person having summoned the meeting and, where appropriate, the unit owners who promoted it;

c) whether it was ordinary or extraordinary and whether it was held on first or on second call;

d) the roster of those present and their respective offices, as well as unit owners represented;

e) the agenda for the meeting;

f) the resolutions adopted, with indication, where relevant for the validity of the resolution, of the names of unit owners who voted in favour and against, as well as the assessment quotas corresponding to each unit owner.

3. The president and the secretary shall sign the minutes at the end of the meeting or within the following ten days. Once the minutes are signed, the resolutions shall be in force, unless otherwise provided by law.

The minutes shall be sent to the unit owners, pursuant to the procedure established in section 9.

Any defects or errors contained in the minutes may be rectified provided that they are signed by the president and the secretary and that the date and place of the meeting are correctly expressed, as well as the names of those unit owners present and those represented, the resolutions adopted, the votes in favour and against, and the assessment quotas thereby represented. Corrections shall be made prior to the following meeting of the general assembly and submitted to it for ratification.

My problem is that we do not have, at the moment, the minutes book 'Libro de Actos'. I think ours just has pages that are pre-stamped by the land registry. The minutes are then just printed onto them.

Without the book how can we convince the doubters and fee back sliders that fees etc have been legally approved?

This message was last edited by juandos on 21/02/2012.