When do minutes become legal

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19 Sep 2010 12:00 AM by juandos Star rating. 26 posts Send private message

At what point in time do the decisions taken at a General Meeting become legal and when does the clock start ticking on the rights of individuals to challenge them?

Is it from the finish of the meeting or when the minutes are signed or when they are published?





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19 Sep 2010 3:25 PM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

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I think the decisions become legal when the minutes of the meeting are signed. Then I think you have so long to complain ( via the court ) from the time you recieve the minutes.



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19 Sep 2010 5:34 PM by juandos Star rating. 26 posts Send private message

I am aware of minutes from a secret meeting that took place a year ago, only a select few individuals were invited. I have been told they were never signed but decisions made have been acted upon.

 I have heard this 'appeal via the court' before, but what court and how?





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19 Sep 2010 5:59 PM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

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You can't have 'secret' meetings.

Unless the meeting was properly conviened etc etc it is not legal. BUT this does not mean to say that some unscrupulous people will not act on this!

You would possibly need a solicitor to advise you about which court and where and that also depends on which area you are.

Do you have an Administrator, can they help?



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20 Sep 2010 9:30 AM by juandos Star rating. 26 posts Send private message

Obviously the Administrator was involved in the meeting etc.





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20 Sep 2010 4:48 PM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

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It's not that obvious really, I take it you are assuming the meeting was properly conviened? However if some owners wanted to hold a meeting without the presidente and Administrator they could.  And I know I said this would not be legal and it certainly would NOT, but these people 8 certainly on a small Urb ) could enforce the decisions they had made and it is highly possible that no one would object, possibly because they would not doubt the legallity of the meeting or decisions.

I would be interested why, after a year or so has passed, you are questioning the meeting and decisions?

I still think your only recourse is to Law, unless you can get the support of over 25% of your Urb's owners to provide signatures to ask for an EGM...................however you would need legitiamte grounds to ask for this.



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20 Sep 2010 6:14 PM by juandos Star rating. 26 posts Send private message

The minutes only came to light recently, when it became aparent that there was a gap in the sequence of the numbering of the issued official minutes.

By properly conveined I assume you mean a call to the owners - NO only a couple attended , was a debt list prepared - NO

I must admit it is not obvious that the administrator was involved, but he has certainly acted upon the decisions made at the meeting.

Legal advice is now being taken.





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20 Sep 2010 7:54 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message


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20 Sep 2010 8:11 PM by juandos Star rating. 26 posts Send private message

Now there is the problem!

"For unit owners not present at that meeting the three-month term shall begin to count from the date of notification of the resolution pursuant to the provisions of section 9."

If there was no call notification, when does the three/twelve month term begin?





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21 Sep 2010 7:31 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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It doesn't, if the meeting was not legally convened and therefore has no validity. Good luck!



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