Court action against decision at AGM

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26 Nov 2022 9:56 AM by Spanishhouse2010 Star rating. 3 posts Send private message

Has any one every had to take court action to stop an agreement made at an AGM? Cost, time, language issues or any other issues that might arise in taking this action.

Administrator is blocking all efforts to see quotes, if any, for extra gardening work. The decision also puts extra costs on to those properties near communal gardens although all owners have access. The communty rules are that all costs are shared equally as all properties are the same size. The administrator's second email was very blunt stating I have the right to go to the courts against the agreement. Not very helpful for the community or 'openess' of the community opertaion. The president pushed for this agreement as she is one of the owners who would benefit the most for the least paid.

I appreciate the easiest option is to try and change this at next AGM but the president/administrator are only giving 7 days notice of dates of AGM and keep changing from year to year. Maybe cynical, but this stops most foreign owners from attending AGM or getting proxy votes arranged. AGM minutes are sent out months after the AGM and only before extra payments are taken from bank accounts. Not a well run community and with many owners being unable to travel due to covid19 restrictions the president taking advantage of the situation.

 

Thanks for any help offered.

 

 





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27 Nov 2022 12:30 PM by acer Star rating. 1501 posts Send private message

Of course, under the legislation in Spain, the AGM is all powerful. 

As an aside I thought that under the HPA that a lot more that 7 days notice of an AGM was required - has it changed?

But I suggest that you form a group within your urbanisation to maximise support from all like minded people, with their email addesses etc.   So you can react immediately to the AGM announcement and give votes to the chosen proxy (ies) - having already done all necessary paperwork with a clear written agreement of the exact stance to be taken.

Don't leave it until the AGM is called - have the text of draft proxy forms agreed and completed as far as possible.



_______________________
Don't argue with an idiot, he will drag you down to his level and beat you with experience.



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27 Nov 2022 1:06 PM by lobin Star rating. 255 posts Send private message

The HPA has always requireda minimum of 6 days advance notice for AGM's and no advance notice for EGM's, so 7 days for an AGM is fine.  This has been so since the Law was first enacted so this requirement has not been changed recently.

It is good advice to have a system to activate proxy votes well in advance of AGM's or EGM's.  However, the proxies cannot be signed off in advance of the call of such meetings because the text of the proxy needs to mention the type of meeting and the date it will be held.  If a proxy is signed and sent before the date of a meeting is known, it will not meet the requirement that it be specific for each meeting as required by law.  In my community we have such a system in place and it is possible to get proxies signed and send by absent owners within 6 days of the date of the meeting but you need to be organized.  We use a WhatsApp group for the organization.

Edit: Sorry I forgot to add that challenging a Owners Meeting resolution in Court for something like this is not very effective and probably not worth the costs involved.  The Court decision, even if favourable to the challenge, will most certainly come long after it might be of any value to the plaintiff.

Much better is organizing a new EGM at the request of at least 25% of owners and coefficients to review and reconsider the earlier resolution if there is a possibility of a favourable outcome.

 

 


This message was last edited by lobin on 11/27/2022.



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28 Nov 2022 10:00 PM by Spanishhouse2010 Star rating. 3 posts Send private message

Thanks for the advice. We could possible scrape 25% of owners and call for an EGM. One of the worst garden areas is opposit the president and a family who are to lazy to look after a small garden area. Its begining to look like this has been arranged to save the president money.





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30 Nov 2022 5:02 PM by AidaLawyer Star rating. 6 posts Send private message

Dear "Spanishhouse2010", 

I am a lawyer in Marbella (Spain). In our lawfirm (GCE Abogados), we are specialists and solve the problems or litigation related to Communities of Owners.

The Spanish Horizontal Property Law, in its article 18, gives the right to owners who did not attend a general meeting of owners to challenge a resolution taken at the meeting, before the court. The Law also gives landlord other rights, but to know what your right is, it is necessary to discuss your case. 

Regarding your last message and question about the quorum necessary for the owners to call an extraordinary meeting, aforementioned Spanish law reads as follows in its art. 16: the owners' meeting shall be convened if this meeting is requested by a quarter of the owners, or by a number of owners representing at least 25% of the ownership shares. In addition, the issue of garden area can be discussed at the General Meeting of Owners if a written document is submitted in advance.

I will be happy to help you if you have any questions, so, please, feel free to visit our website and contact me.

Best regards,

Aida Garcia Iglesias 

Lawyer L.L.M.



_______________________
www.gceabogados.com



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