What questions are allowed at an AGM

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29 Jan 2012 00:00 by nerjaboy Star rating. 9 posts Send private message

Are owners allowed to question the previous years accounts at an AGM?

There a number of items in the ful accounts that I don't understand and have questions what they for. I have noticed the out of pocket expenses of the Community President have increased 100% this year and would like to know why; Are we allowed to question the community president what he has spent this money on?

If they can not justify the increase are we allowed to call upon them to repay some of the money paid out?

Small twist; The community President is stepping down at the AGM....

Many thanks for guidance you may have.

 

 

 





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29 Jan 2012 21:50 by nfm2862 Star rating in Welling, Kent & Al A.... 1461 posts Send private message

nfm2862´s avatar

At the AGM, one of the agenda items should be the agreement of the accounts for the past year & you have every right to question anything that is shown in those accounts.

I would be asking your administrators to provide a breakdown of the President's expenditure together with receipts. Obviously if they can do that & everything is satisfactory then the expenses can be passed by those in attendance & represented.

I don't really understand what expenses the President would have though. I have been President of our urbanisation for 3 years & I have never had to claim anything in the way of out of pocket expenses.

Regards

Noreen



_______________________

www.alandaluscarhire.com

www.vera-apartment.com

www.verathalassa.es 
 




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30 Jan 2012 02:26 by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

Karensun´s avatar

Hi Noreen, don't you make any phone calls on behalf of your Community or travel or printing etc? Or do you do it all for love?



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30 Jan 2012 09:38 by nerjaboy Star rating. 9 posts Send private message

Many thanks for reply.  Good to know I can ask questions on the accounts.





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30 Jan 2012 11:17 by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

Karensun´s avatar

If last years accounts were agreed and voted on at AGM and the statutary time for objection was passed without objection then you cannot oppose those.

BUT.....................you can object to this years accounts BEFORE they are voted on for agreement.

You can ask your Administrator before AGM to see the accounts and ask to have ANY expenditure explained.

That is your right as an owner.



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



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30 Jan 2012 11:37 by nfm2862 Star rating in Welling, Kent & Al A.... 1461 posts Send private message

nfm2862´s avatar

Hi Karen

Long time no speak!

I don't have any telephone, printing or travel costs.

I am based in the UK so I do everything by email. Any printing for AGMs etc is done by the administrators & I don't incur travel costs.

I guess I should qualify my previous statement where I questioned the need for a President to incur out of pocket expenses. Of course, if there is no administrator & the President fulfils this role then there will be expenses to be met but equally these should all be documented & have appropriate receipts.

Regards

Noreen



_______________________

www.alandaluscarhire.com

www.vera-apartment.com

www.verathalassa.es 
 




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30 Jan 2012 11:46 by Fighter2 Star rating. 237 posts Send private message

The general assembly ( the owners) can ask any questions they deem relevant at any meeting be it AGM or EGM. They can object to the final minutes by lodging that objection within 30 days of the minutes being published.

Barry





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30 Jan 2012 14:17 by mariadecastro Star rating in Algeciras (Cadiz). 9344 posts Send private message

Legal Questions? Speak to Maria Direct

Any owner can present questions/matters to be discussed at the AGM, as per established in provision 16 of the Horizontal Property Act:.

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 Feb 2012 11:35 by jeffsears Star rating. 36 posts Send private message

We have just had an EGM. I was notified by e-mail on the Thursday, others heard by word of mouth, some did not hear anything. The meeting was held on the Monday. Is this sufficient and proper notice? Proxy votes by e-mail were deemed invalid.

The subject of the meeting was the removal of the two palm trees from the gardens of the Swimming pool. Apparently this had been decided before a a previous EGM but when people found out the removal was halted. There are no minutes to support the that EGM.

I should point out that the enclosed swimming pool area is the only asset of the "community".

Only 20 out of 90 inhabitants attended the meeting and for the first time we were split into two groups, English and Spanish. In effect there were two separate meetings. The Spanish voted unaminously for the removal, the English were divided. The costs involved was €700 euros for the removal or €800 euros for annual maintenance. The vote apparently was in favour of removal. However as we were in separate meetings it was difficult to be sure.

The trees were removed on the following Saturday and it now seems that they were sold by the husband of the President (who also maintains the pool) whilst the Community was charged €700 euros for the priviledge. No invoices have been received but the administrators have given the cash to the President.

Although it is too late to save the trees what can we do to ensure that meetings are convened correctly (with many absent owners) although a majority are Spanish) and that proceedings are transparent.

As the pool is not a common area, i.e our houses do not form part of the community, is there any method by which those who want to can leave the community without having to achieve a unaminous vote which will always be impossible.





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