posting AGM papers

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06 Dec 2011 00:00 by actcnm Star rating in villamartin . 17 posts Send private message

What is the legality regarding the sending of calling papers, agenda and minutes of an AGM. I have been told that these must be sent by registerd post which is very expensive. In this technilogical age is it legal to send these papers by e-mail?

Any information on how to reduce postal costs would be appreciated.





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06 Dec 2011 17:27 by lobin Star rating. 245 posts Send private message

 If matters came to having to prove in Court that the AGM was legally convened, you must necessarily use registered post as the Law does require it.  This would happen if someone challenged the resolutions and actions passed at an AGM that has not been convened in this way.

Having said that, which is the only way to achieve 100% certainty that no judge will declare the AGM was not legally convened, some communities are accepting to use email provided the owner who will receive the email communication has previously signed a waiver to the community expressing that email communications sent to his stated email address will be sufficient to him and that he does not require a registered post communication.  Apparently, some judges have accepted this waiver, but of course, there is no absoute guarantee that all judges will, as the letter of the Law clearly requires registered post.

I would also recommend that the by-laws be ammended by unanimous approval to accept email notices to owners.

I am afraid that until there is absolute certainty that an email will not get "lost in cyberspace" as they are sometimes known to be, the Law will not be amended to generally accept email as a legally valid means of communication.





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06 Dec 2011 20:22 by nitram Star rating in castalla. 165 posts Send private message

Legally you only have to post to Spanish address 10 days before meetings. However we have a community law to say we would give one months notice of all meetings to give people not living in Spain the option to come over.

 

Nitram





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06 Dec 2011 20:43 by franvidal Star rating in Lo Pagán. 19 posts Send private message

franvidal´s avatar

In fact it's even worst, it's only 6 days notice for ordinary meetings (article 16.3).

At the moment, unfortunately, Spanish law doesn't accept e-mail as a way for sending calling papers or minutes. I'm sure it will, eventually, probably if there is proof like a document signed by the owner himself providing not only an address in Spain to receive such communications but also an e-mail address and specifies that such will be valid to get in touch with him/her. But not yet.

 



_______________________
www.marmenorservices.com www.marmenorhouses.com



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07 Dec 2011 11:54 by Fighter2 Star rating. 237 posts Send private message

We send all calling papers by email to what is a very accurate and updated database, those for whom we have no email address we hand deliver to their Spanish address on the urbanisation ( about 60 of the 750 homes).

The legal requirement is to deliver to a Spanish address 6 days before the meeting.

We have held 2 AGM's and an EGM without a hitch or challenge and given that we disposed of our Administrator in rather acrimonious circumstances if there was a challenge possible I'm sure we would have received it.

Regards

Barry

Mazarron Country Club





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07 Dec 2011 13:06 by johnzx Star rating in Spain. 5241 posts Send private message

Can someone tell Correos (the post office) about the 6 day rule ?
 
One is lucky sometimes if post arrives at all, let alone in six days !!!!!
 
Recently here a school’s parents evening had to cancelled as practically none of the letters of notice had been delivered,   and that was a local school.





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07 Mar 2012 10:54 by hugh_man Star rating in Kent/Roda . 1589 posts Send private message

hugh_man´s avatar

Our new administrator has taken some time to prepare budget and documents for the forthcoming AGM and is now pressurising the President and Committee to agree everything to be sent without too much discussion as he maintains we need to give owners 30 days notice of AGM and documents must be sent.

 

Can anyone advise if he is correct in this 30 days as it seems from what I have read here only 10 days is necessary.

Anyone have the link to the correct part of HPA

 

Many thanks





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07 Mar 2012 12:53 by mariadecastro Star rating in Algeciras (Cadiz). 9298 posts Send private message

Legal Questions? Speak to Maria Direct

 Provision 16.3 of the HPA:

Section 16
 
1. The meeting of the general assembly shall be held at least once a year to approve the budget and 
the accounts, and in any other time the president sees fit or upon request of 25 percent of the unit owners or 
a number representing, at least, 25 percent of the assessment quotas
 
2. The summons for the meeting shall be made by the president or, failing this, by the promoters of 
the meeting, and shall include the items to be dealt with, the place, day and time of the first call and, where 
applicable, of the second call. The summons shall be made in accordance with section 9. The summons for 
the meeting shall include a list of unit owners with outstanding debts payable to the community and advise of 
the deprivation of their voting rights where the case falls within the situation described in section 15.2. 
Any unit owner may request the meeting to examine and resolve on any matter whatsoever concerning the 
community. For this purpose, a letter should be sent to the president setting out clearly the items requested to 
be dealt with. The president shall include them in the agenda of the following meeting to be held. 
Should a majority of the unit owners representing a majority of the assessment quotas not be present at the 
time of the first call, the meeting shall then be convened on second call with no quorum being required. 
The meeting shall be held on second call at the place and on the date and time set forth in the first summons 
and may take place the same day at least half an hour later than the first call. Failing this, it shall be called 
again, in accordance with the requisites set forth in this section within eight natural days of the meeting not 
held. In this case, the notification of summons shall be at least three days in advance.
 
3. The annual general meeting shall be called with, at least, six days’ notice and extraordinary 
meetings shall be called with sufficient time to inform all parties concerned. A meeting not called by the 
president may be legally held provided all unit owners are present and willing.

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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07 Mar 2012 14:58 by hugh_man Star rating in Kent/Roda . 1589 posts Send private message

hugh_man´s avatar

Thank you Maria

 

Just what I needed for yet another disagreement with an Administrator





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13 Mar 2012 00:17 by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

Karensun´s avatar

Surely it is much better for the Community to have as much notice as possible for any meeting?

More notice means that more owners may be able to be involved and certainly to state their opinion...................................that is unless you don't want owners to know about the meeting?



_______________________
  ' Do unto others as you would be done by'
   
         Now a non-smoker !  



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14 Mar 2012 10:20 by hugh_man Star rating in Kent/Roda . 1589 posts Send private message

hugh_man´s avatar

 I totally agree with you Karensun, owners should be given as much notice as possible and in our case most have had some notice of the date, however my query concerned the relevant documentation which was required to be sent with official notice of the call.

Our Administrator, newly taken over, has taken time to get their act together and they were pushing the management committee for approval of certain items we did not totally agree with.

 

I was concerned that we had time to meet with them to dicuss changes before notice was sent to owners





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15 Mar 2012 23:25 by hugh_man Star rating in Kent/Roda . 1589 posts Send private message

hugh_man´s avatar

 Further to my original question re timings, I now have a supplemental question re appointment of the Administrator.

Our current administrator was appointed in November for an interim period up to each communities AGM after the last one resigned under rather murky circumstances which the owners have never been given full information about.

 

The AGM period is now upon us and many of of owners feel the new administrator has taken a long time to effect the handover, not responded to many questions re both finances and contract issues as quickly as should be expected and has given poor advice re the timings for AGM data among other things.

This has left those reponsible for the community to have some concerns about proposing their appointment for the next year and it was suggested they should be offered a further 3 months probation at the AGM with a view to extend.

We have of course not had time to interview or gain quotes from alternate Administrators but they have advised us under HPA that an Administrator needs to be appointed for the whole year ahead at the AGM.

 

Are they correct in this advice and if so, are we obliged to appove their appointment?

 

Thanks in advance for any advice





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15 Mar 2012 23:59 by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

Karensun´s avatar

The contract ( usually verbal ) for the Administrator usually runs from one AGM to the next.

However, as long as it is agreed by the majority at a properly conviened meeting you can offer the Administrator whatever you want especially as the Community is paying them!

Be aware tho´ that the Administrator may not accept your terms, but if it's what you want and what the Community agrees then go for it.



_______________________
  ' Do unto others as you would be done by'
   
         Now a non-smoker !  



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19 Mar 2012 16:55 by joanspain Star rating in Res. Oasis - Los Nar.... 7 posts Send private message

joanspain´s avatar

"Hi,

We had a similar problem a couple of years ago. We spent two months in Germany when our grandson was born and when we came back we found an Administrator was appointed by our neighbours.

We consulted our Solicitor and she provided us with a copy of the "Ley de Propiedad Horizontal" in English: unless otherwise provided by Community Statutes, the term of office of all governing bodies will be for one year. This is the same information we read on the book “You & the Law in Spain”, from David Searl. His comments are really very useful!!

We were not very happy with the Administrator for the extra costs, but we recognize he made a good work with the debtors and he is making things easier to our President :)

Kindest regards,


_______________________
Bill & Joan



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