Voting at AGM

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23 Jun 2010 00:00 by vistaverde Star rating. 27 posts Send private message

 We are a small community with our own president, committee and budget - but we are also part of a larger community.

We have a 24% coefficient and the larger community - Big Brother - has a 76% coefficient.

At the AGM of the combined communities we vote on issues that are common to both communities - street lights, main gate, security fence and common electrical services. We vote and pay by coefficients eg 24:76

Recently Big Brother called an AGM at very short notice and didn't even put up a public notice and an agenda of items to be put to the vote. Our president - without any discussion with out community - voted to support  an installation of electrical services and effectively cost our community 48000€ more than if she had voted against the installation.

I thought a president must call a general meeting to allow the community to decide how it wants her to vote on our behalf.

Am I right ?

The whole community is up in arms about the high cost of the project especially at this rather difficult financial time.

Any views and comfort would be most welcome - VV





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25 Jun 2010 08:26 by mariadecastro Star rating in Algeciras (Cadiz). 9328 posts Send private message

Legal Questions? Speak to Maria Direct

Vistaverde, please have answers below in bold orange:

 I thought a president must call a general meeting to allow the community to decide how it wants her to vote on our behalf.

Am I right ?  I would like to know what is the new electrical device for but as it initially seem to me to be an element of commun interes, acording to provisions 24 and 17 of the Horizontal Property Act., I do think you are right.

 

Section 24

1. The special system of property ownership provided for in section 396 of the Civil Code shall apply to real estate developments that–

a) are formed by two or more detached buildings or independent plots used mainly as dwellings or commercial premises; and where

b) the owners of such buildings or of the units in which they are divided participate in an indivisible co-ownership of other immovable elements, roads, installations or facilities.

2. The private real estate developments referred to in the preceding subsection may–

a) form one community of property owners through any of the procedures provided for in section 5.2. In this case they shall be subject to the provisions of this Act, which shall be entirely applicable to them; or

b) form a master community comprising various communities of property owners. For this purpose, the master deed of the master community must be executed by the sole owner of the development or by all the presidents of the component communities, duly authorised by a majority resolution of their respective assemblies. The master deed shall include the description of the whole real estate development and of the common elements, roads, installations and facilities. It shall also contain the participation quota established for each one of the component communities. These shall be jointly liable for the expenses of the master community. The master deed and the statutes may be registered in the Land Registry.

3. The aforementioned master community shall have the same legal status as communities of property owners and shall be governed under the provisions of this Act with the following specifications:

 

a) The general assembly of property owners shall be formed, unless otherwise agreed, by the president of each component community in representation of its individual unit owners;

b) the adoption of resolutions for which the law prescribes qualified majorities shall require, in turn, a prior appropriate majority at the general assembly meeting of each one of the communities belonging to the master community;

c) unless the general assembly decides otherwise, the provisions of section 9 concerning a reserve fund shall not apply to the master community.

The powers of the governing bodies of the master community shall only cover common immovable elements, roads, installations and facilities or services. Their decisions shall in no event impair the powers of the governing bodies of the component communities.

4. The provisions of this Act, with the same specifications indicated in the preceding section, shall apply to those private real estate developments that do not adopt any of the legal forms indicated in subsection 2 of this section, as a complement to the covenants adopted by the property owners.

( translation of provision 24 of the HPA extracted from version of the Malaga Bar Association.For the full text, you can click on here)

 

 

 

 

 

 

 



This message was last edited by mariadecastro on 25/06/2010.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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