EGM's

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14 Apr 2013 5:10 PM by anthomo16 Star rating. 104 posts Send private message

 Help please? I know that AGM is annual general meeting and that EGM is emergency general meeting. My husband President of our Community is calling an EGM for a specific purpose which all owners know about and are happy to supply their proxy's as we need to call the EGM on our lawyer's advice "for ratification" purposes.However now another owner has asked that her item, completely unrelated to the purpose of this EGM, be heard. Can this be done, or should this wait until the AGM?

History is that we are legalising a joint pool between the Communities. All want this but it has to be done lawfully i.e. the EGM. Now another owner who bought an unlegalised showroom and turned it into an apartment for which she pays no Community Fees wants this to be made legal at the EGM. We are very unhappy about this as have vitually no knowledge on this showroom except to know that it is illegal for a dwelling and feel that this needs much more research and should be held at out next AGM. The most important thing to us and to all the rest of the owners was to get the pool legalised, and only that.

If anyone has any knowledge of EGM's and their procedure I would be very grateful to hear from them, as I believe the EGM is being hijacked for this owner (who has her property up for sale) to use our EGM for her own benefit.

Regards,

Mo





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14 Apr 2013 5:34 PM by johnzx Star rating in Spain. 5255 posts Send private message

The community ( I am sure )  cannot legalise a change of use as you describe. There must be authorisation from the municipality.   Probably far from straightforward
 
Also.   Each apartment/ property in a community has a 'quota' (share of the community) If you add another property  (or change the size of one) then the share of every other property / apartment would have to changed and be re-registered with the Property Registry Office. Probably pretty expensive.





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14 Apr 2013 5:54 PM by anthomo16 Star rating. 104 posts Send private message

 Hi Johnz, yes I agree I just gave a synopsis we do have a licence for the pool but need it to be legalised between the two phases who pay for it. Out lawyer has advised that Judge's go by recorded minutes and this is why we need an EGM even though both phases have agreed between themselves.

Regarding the other this has come completely out of the blue and not something we want to discuss at the EGM at present, and I wondered can we just say NO at the present time to the other item?

Thanks for answering so quickly.

Mo





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14 Apr 2013 6:14 PM by johnzx Star rating in Spain. 5255 posts Send private message

Anthomo

Sorry when I said, "The community ( I am sure )  cannot legalise a change of use as you describe. There must be authorisation from the municipality.   Probably far from straightforward"  I was referring to the change of use of the showroom.

 





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14 Apr 2013 6:57 PM by anthomo16 Star rating. 104 posts Send private message

 Yes Johnz my feeling too I believe she is trying to rush through something that is very dubious all we want at the present time is for the 2 communities to sort out payment etc for the pool and ten  then this happens!!





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23 Sep 2013 7:25 AM by jojan Star rating. 200 posts Send private message

Hello All

On the subjet of EGM's, if you do not have many people attending and not many proxy votes is it legal for a President to take all absent votes on his side?  We have one coming up soon and it would be useful to know, we have never been involved with an EGM before so any advice would be good.

Cheers

Jojan

 





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23 Sep 2013 7:30 AM by elaineG Star rating in Spain . 409 posts Send private message

............................ if you do not have many people attending and not many proxy votes is it legal for a President to take all absent votes on his side?

 

Simple answer, No.





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