Spanish Law/HPL

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31 Jul 2019 01:18 by Cecilia Star rating. 9 posts Send private message

I have recently been elected President of our Community at our annual AGM at the end of June 2019. After several emails I have only now been sent a draft of the Minutes, by the Administrator who says the Minutes were prepared using the Template provided by Spanish Law and that the format MUST be followed even if the British system is different.

Question: Is there such a thing as a Format provided by Horizontal Property (Spanish Law?)

The Administrator claims only they and not the President is responsible for circulating the Minutes to owners. The Admin has proved unreliable. incompetent and inefficient leaving the President wanting to undertake circulation to ensure owners receive the  Minutes. Does Spanish Law forbid the Pres to do this?

The Draft Minutes are brief, vague and incorrect in places but the Administrator claims the Pres is unable to make changes and any changes will not be included, according to Spanish Law. Is this the case?

The Administrator is confrontational and will not accept she gets anything wrong therefore will not accept any amendments. Also she is against the President's request to obtain different quotes from contractors for any jobs to be done. What can the President do?

Any thoughts/advice will be most welcome. 

Frustrated President

 

 

 





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31 Jul 2019 08:24 by nigel188 Star rating in Estepona. 621 posts Send private message

Hi Cecilia

Refer to sections 13 to 20 of the LPH act. Link below. Maybe JONI bURNETT of Community Administrators could also help at email :   info@comunimas.es website www.comunimas.es

https://www.eyeonspain.com/spain-magazine/horizontal-laws.pdf

Good Luck

 

 



_______________________

Nigel




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31 Jul 2019 10:32 by lobin Star rating. 245 posts Send private message

Hi, Cecilia.  The Horizontal Property Law does not include an actual template of Minutes.  It does regulate what needs to be included in the Minutes in Article 19 as follows:

"1. The resolutions of the general assembly shall be recorded in a book of minutes stamped and validated by the Land Registrar in accordance with the applicable regulations.

2. The minutes of each meeting of the general assembly shall express, at least, the following circumstances:

a) the date and place of the meeting;
b) the person having summoned the meeting and, where appropriate, the unit owners who promoted it; c) whether it was ordinary or extraordinary and whether it was held on first or on second call;
d) the roster of those present and their respective offices, as well as unit owners represented (by proxy);
e) the agenda for the meeting;

f) the resolutions adopted, with indication, where relevant for the validity of the resolution, of the names of unit owners who voted in favour and against, as well as the assessment quotas corresponding to each unit owner.

Unit owners who expressed and recorded a dissenting vote at the meeting, those who were absent

3. The President and the Secretary shall sign the Minutes at the end of the session or within
following ten days. Once the minutes are signed, the resolutions shall be in force, unless otherwise provided by law."

There are a few templates available on the web sites of Administrators following the above legal requirements.  This is perhaps what your Administrator refers to as template of the Spanish Law.  What the law says is that the  items pointed out in Article 19 above are mandatory. It does not exclude other items from also appearing in the Minutes.  

However, many Administrators only include in the Minutes the items listed and there is a general tendency to not include long discussions by the owners basically because the Law only requires that actual resolutions be included and does not require the discussions to be included.  This makes drawing up the Minutes a lot easier and avoids not recording exactly what each participant said in often long discussioms and then having complaints as to a part or parts of the Minutes when there is no legal requirement for the itemto be included.

The President must co-sign the Minutes and if he is not in agreement with the contents of the Minutes he can, of course, ask the Secretary to make changes as deemed appropriate provided such changes do not eliminate any of the legally required inclusions.  

The Administrators will normally act as Secretary and because they are the ones that keep a record of unit owners and their contact details, they are the ones who have to send the Minutes to owners.  It is not normal for the Presidents to have all the contact details for all the owners as the Data Protection Laws prevents this information to be given without express permission of the unit owner.  Therefore it is often that the President communicates with the owners through the Administrators (for example by sending a letter addressed to the owners to the Administrators for them to send to all owers).

As to proposals for suppliers, it is normal for more than one proposal to be put to the owners for them at the General Meetings to select the one they prefer.  Any owner can request that a proposal be considered by the owners at the General Meetings.  When you ask what can a President do, the answer is call a General Meeting and put election of contractor or supplier in the Agenda and put those proposals to a vote of the owners.  The President is the one that calls the Meetings (not the Administrators) and the one that prepares the Agenda.  The Administrators can only circulate the calls of Meetings and the Agenda to owners.  They are not empowered to call Meetings, the President is.

 

 

 

 


This message was last edited by lobin on 31/07/2019.



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03 Aug 2019 02:02 by hugh_man Star rating in Kent/Roda . 1589 posts Send private message

hugh_man´s avatar

Cecilia

Take a look here also.

https://www.eyeonspain.com/forums/Threads.aspx?dev=fb34

The President has ultimate Power as long as you conform to HPA.





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03 Aug 2019 17:16 by Roberto Star rating in Torremolinos. 4495 posts Send private message

Roberto´s avatar

"What can the President do?"

Call an immediate EGM with one item on the agenda: replacing the adminstrator.

(N.B. make sure you have alternative proposals lined up first though!)



_______________________

 

"Politicians and diapers must be changed often, and for the same reason"

Mark Twain

 

 

 




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03 Aug 2019 19:47 by Cecilia Star rating. 9 posts Send private message

Thanks to all who have responded to me "thread". I have viewed the link suggested and gleaned info that I find useful and encouraging. I will act after careful thought. My sincere gratitude to everyone.

 





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