Community AGMs

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26 Jan 2021 17:42 by hugh_man Star rating in Kent/Roda . 1593 posts Send private message

hugh_man´s avatar

Anyone received any advice or info on holding a community AGM given current .circumstances.

Do we know if online AGMs are permitted?





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26 Jan 2021 18:29 by acer Star rating. 1383 posts Send private message

As you know the HPA is a bit flimsy as is silent on such issues.  I don't know if there is national legislation in Spain, but somehow I doubt it.  Perhaps Maria may be able to confirm etc?

I had need of arranging an AGM for a similar body in the UK - there is good online government Covid guidance.  But after more consideration decided against the option of holding a "Zoom" style meeting - there were too many owners and a lot wouldn't attend being too challenged by the IT technicalities involved.

We ended up holding a kind of "meeting" by email in stages.  Firstly explaining the position and asking the owners to vote by passing a Special Resolution to allow voting on the various options/subjects by email.  This was unanimously supported, so the voting could subsequently take place later (following the prescribed notice period of delay).

This all sounds a bit cumbersome, but in fact it was a lot simpler and more meaningful than the usual AGM!  I sent copies of the paperwork to the company who act as our Company Secretary who accepted the procedure as being in the spirit of our Articles of Association. 

Not sure if this would be OK in Spain, but your Administrator or others may have an opinion.  I reckon if it's explained properly, reasonable, transparent and democratic it should be accepted.  But I guess this depends on the owners - some in Spain on our urb seem to love making a fuss about nothing!



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26 Jan 2021 19:29 by hugh_man Star rating in Kent/Roda . 1593 posts Send private message

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Thanks, yes realise HPA is not helpful and understand the Body that overseees Community Administrators has recommended utilising previous budgets but NOT commented on AGMs so far, still awaiting any response from our Administrstor, hence my asking in case others had more recent news.

indeed would be good IF Maria were able to comment or others who may be further forward with advice.

As you suggest local Spanish owners, high in our Community do not easily embody change in protocols.

We are blessed with Spanish, British, Irish, Belgian, French and Scandinavian owners so a real mix of attitudes.

 





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17 Feb 2021 18:22 by mariadecastro Star rating in Algeciras (Cadiz). 9324 posts Send private message

Legal Questions? Speak to Maria Direct

Initially, there is no problem for AGM to be hold online if everyone has access to it.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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17 Feb 2021 19:42 by nitram Star rating in castalla. 170 posts Send private message

Maria and if everybody doe´s not have access what happens then pleas 





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18 Feb 2021 10:27 by mariadecastro Star rating in Algeciras (Cadiz). 9324 posts Send private message

Legal Questions? Speak to Maria Direct

It cannot be hold or if held it can be challenged as illegal



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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18 Feb 2021 13:50 by hugh_man Star rating in Kent/Roda . 1593 posts Send private message

hugh_man´s avatar

That would certainly present a problem for larger Communities like ours with over 250 apar5ments and owners.

Our Administrator certainly appears reluctant to suggest it.

We ve reverted to holding an online EGM with a single agenda item to approve the debtors list and approve take legal action which has not been possible since 2018 debts.

Now there is difference of opinion on notice for such an EGM 🤷‍♂️





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