Change in Administator -AGM or EGM

Good Evening

1.My Friend who lives on an Urbanisation of 300 Properties needs to know if it is an AGM or an EGM which needs to be called to fire their present Administrator. How much percentage of Owners is needed to call this AGM/ EGM????

2. If a resolution was tabled at an AGM to raise the Quarterly Quotas by 25% to raise funds to pay for future installtion of Mains Water and was passed. But a large number of Owners were not Present at this AGM and neither were their Proxies received. Can this vote be reversed  and how can this be achieved????

Maybe Mario de Castro could comment on these questions as well.

Thank You

Nigel188: answers below in bold green:

Good Evening

1.My Friend who lives on an Urbanisation of 300 Properties needs to know if it is an AGM or an EGM which needs to be called to fire their present Administrator. How much percentage of Owners is needed to call this AGM/ EGM????

Yes, that decision needs to be made in an Owners Meeting ( either Ordinary or Estraordinary)

25% of owners of the number of these who represent 25% of ownership shares is necessary dor the calling of an extraordinary meeting. Annual meeting is obligaroty to be called by the President.

2. If a resolution was tabled at an AGM to raise the Quarterly Quotas by 25% to raise funds to pay for future installtion of Mains Water and was passed. But a large number of Owners were not Present at this AGM and neither were their Proxies received. Can this vote be reversed  and how can this be achieved????

 Article 10 . Horizontal Property Act.

1. The following actions shall be mandatory and shall not require prior agreement of the Board of owners, whether or not they modify the articles of incorporation or bylaws, and are imposed by the Public Administrations or requested at the request of the owners:

a) The works and works that are necessary for the proper maintenance and fulfillment of the duty of conservation of the property and its common services and facilities, including in any case, those necessary to satisfy the basic requirements of security, habitability and universal accessibility, as well as the conditions of ornament and any other derived from the imposition, by the Administration, of the legal duty of conservation

I was also under the opinion that a President could also call for an EGM without the 25% of owners requesting, if they thought there was good reason.

I also understand that an increase in fees to improve Community facilities only requires a majority of those attending or voting at the meeting it was discussed.

If it was not on the agenda for owners to consider how to vote, I believe owners can challenge this within a short space of time after the meeting.

An Administrator is normally appointed at an AGM for one year, it should be an agenda item.

It may be difficult to sack them at an interim EGM unless there is very good reason.

If planning a change st the AGM, ensure enough owners will support the motion either in person oor by proxy as most Administrators will fight tooth & nail, using many tactics to retain their role, which is decided by a majority of the Community of Owners.

Answers below in bold green ( same text as your email): 

I was also under the opinion that a President could also call for an EGM without the 25% of owners requesting, if they thought there was good reason. Correct. Answer below is for when meeting is called by owners.

I also understand that an increase in fees to improve Community facilities only requires a majority of those attending or voting at the meeting it was discussed. Answer below is not regarding an improving but a maintenance of the water service.

If it was not on the agenda for owners to consider how to vote, I believe owners can challenge this within a short space of time after the meeting. Answer below is for when then matter has been proposed in the agenda.

An Administrator is normally appointed at an AGM for one year, it should be an agenda item. Answer below is for when it is not being an agenda item and owners are taking initiative.

It may be difficult to sack them at an interim EGM unless there is very good reason. Correct.

If planning a change st the AGM, ensure enough owners will support the motion either in person oor by proxy as most Administrators will fight tooth & nail, using many tactics to retain their role, which is decided by a majority of the Community of Owners.

Hi Maria

In regards to installation of a Future Mains Water Supply ,instead of Well Water (Hydralia may have the funds in 3 year's time to go ahead with this project) , the Quotas for this Urbanisation were increased by 25%(already approved in this year's AGM) for the last 6 Months of this year. I believe these quotas will be increases by another 25% in January 2020 for this same project. Is this Legal to apply these increases for this project.

Can an Adminstrator withhold  access of  Owner Contact Details ie Email Addressess from an Urbanisation's President. This infromation is required to obtain sufficent votes for the future  change of the Admintrator as most of the Owners live overseas and don't visit  their properties very often

Thank You

Many Thanks

Are these increased costs related to new projects also being applied to the Banks who have repossessed properties?

Are potential purchasers of these properties being forewarned of these existing and ongoing costs by conveyancing lawyers as part of their due diligences, and are past debts of this specific nature relating to new projects able to be recouped from the Banks at point of sale, or would these backdated costs be exempted in some way and passed on to the new owners?

Is the failure of Administrators to ensure that all owners are contacted by email an attempt to silence owners from expressing their legal right to object?

Hi Maria

In regards to installation of a Future Mains Water Supply ,instead of Well Water (Hydralia may have the funds in 3 year's time to go ahead with this project) , the Quotas for this Urbanisation were increased by 25%(already approved in this year's AGM) for the last 6 Months of this year. I believe these quotas will be increases by another 25% in January 2020 for this same project. Is this Legal to apply these increases for this project.

If they prove the project needs those funds and it is necessary for  the proper maintenance and fulfillment of the duty of conservation of the property and its common services and facilities, including in any case, those necessary to satisfy the basic requirements of security, habitability and universal accessibility, as well as the conditions of ornament and any other derived from the imposition, by the Administration, of the legal duty of conservation, ( art 10.1.a) they can even without previous agreement of the Owners in a Meeting. 

Can an Adminstrator withhold  access of  Owner Contact Details ie Email Addressess from an Urbanisation's President. This infromation is required to obtain sufficent votes for the future  change of the Admintrator as most of the Owners live overseas and don't visit  their properties very often. If that is necessary for the calling to an Extraordinary meeting by the 25% of owners, yes, data needs to be transfered just to these effect.

Thank You

Are these increased costs related to new projects also being applied to the Banks who have repossessed properties? As far as they are known owners by the Community, they are. If they are not, as we have commented in other posts, it would be necessary for the community to take the necessary legal measures of them to meet their requirements.

Are potential purchasers of these properties being forewarned of these existing and ongoing costs by conveyancing lawyers as part of their due diligences, I guess they are, I cannot know. and are past debts of this specific nature relating to new projects able to be recouped from the Banks at point of sale, or would these backdated costs be exempted in some way and passed on to the new owners? Buyers are liable of community of owners quotas of year of acquisition and three previous years.

Is the failure of Administrators to ensure that all owners are contacted by email an attempt to silence owners from expressing their legal right to object? I am sorry but cannot understand this question. Could you please reformulate it?

Thanks Maria,

My question related to Nigel’s observation where he asked if an Administrator can withhold details of owners email addresses from a President? If they can withhold details then isn’t this a form of preventing owners from being fully informed of events so that they can vote accordingly?

Administrator is the manager of the data. For the sake of adminitering them he needs to submitt to both Horizontal Property Act and Data Protection Act, being the legitimate interests of the owners, as per Horizontal Property Act which needs to guide the right treatment of Data.

For this sake, a President request to the Administrator in order to fulfill an obligation in relation to Community of Owners interests is prevalent and Data Protection reasons cannot be used illegitimately/ illegally to block this.

For the sake of clearity an avoiding future problems, Community-Administrator ( as manager of data) relationship need to be in written, a contract needs to be signed.

Of course Administrator needs to provide data to president if that is necessary for calling a meeting as it is the President who is in charge of calling these meetings ( either ordinary or extraordinary ones).

Yes the President is the one person entitled to have access to the contact details etc. of the Community of Owners,

BUT as Secretary of the Community Many Administrators will attempt to hide behind GDPR and suggest they alone should keep the details of owners private.

It is of course seemingly easier to replace Presidents than Administrators who often feel it is they who run the Community.