Proposals for AGM

Our Community has an AGM in April. I have sent a Proposal that I would like to have included on the Agenda, but

have been informed by the President that he is not going to include my Proposal. He said he can have what he

wants on the Agenda.

Please can anyone advise me on the legislation regarding Proposals by house owners for AGM's.

I don't think he can refuse your request since it has been made in plenty of time, but if he does, the last item on the agenda should always be "ruegas y preguntas" - basically meaning any other business. There's your chance to have your say - if anybody is still listening by that stage!

The community must be run in acordance with the law, in particular the Horizontal Property Act.  This gives an owner the right to submit a proposal which must be included on the Agenda for the AGM. Therefore your president is not acting in accordance with the law in refusing your request.

You can find a translation of this law on this site and here also,

http://www2.icamalaga.es/funcio/legales/coleg6/lphingles.htm

No doubt he will accede to your request if you point out the relevent section of the law.

While matters can be raised and discussed under "any other business" only items properly on the agenda can be voted on to give them legal effect.

I didn't have time to check the relevant section earlier. Section 16:2 -

Any unit owner may request the meeting to examine and resolve on any matter whatsoever concerning the community. For this purpose, a letter should be sent to the president setting out clearly the items requested to be dealt with. The president shall include them in the agenda of the following meeting to be held.

QED!

Wonderful! You all now the Horizontal Act now much better than me!

I am soooooo proud of you.

MAria

Just stand for president of your community - you soon learn the importance of being able to quote the Law to your annoying neighbours!

It's not quoting the law that's the problem.......it's getting the b*****s to comply with it that's the pain in the b*m !! 

hello folk's, for me it's been a while since i posted on e.o.s. i'm in my second year on our complex as presidente, in my case it was a mission of trying to "re-vamp" the place, and having a construction background "a piece of cake" (we are a complex that was once a  holiday  apt/hotel, sold off to become a private residential) but it did'nt take long to realise "the fund's" was somewhat "low," the "last lot" pres/admin etc. left us with terrible debt's (ex. €43,000 water bill) amongst many other's, we are slowly getting them down even after 18mnths. just a brief intro of us, i could go on forever........ ! but we obviously have a new admin/lawyer ( the lawyer being there for pending court case's we have .against the origanal owner;s, comm. fee's etc..... another story ) working for us and jan. gone, we called an agm, and it feel's now that we were conned, or the admin made one huge "boo boo" firstly it came to light the notification of the meet was to short, and secondly we were told by the lawyer that we needed a minimum of 89% of owner's to be totaly debt free with comm. fees (including inherited debt's from original owner's) since then on numerous occation's, have been told ,is that all we need to conduct an agm, to cast vote's, and make it legal etc. is....only 25%. out of 156 apts. we have aprx. 110 private owner's, 32 apts. original owner's, the rest a couple of invester's. so question's........ how many vote's does multable owner's have,? and what is the percentage  you need of debt free owner's to call an agm.? hope this does'nt read to complicated, but many thank's in advance to anyone who could help. bluefox. 

You'll find all the answers you need within the Horizontal Law (click this link to get it in English). Happy reading!

many thank's roberto, had a look thru' the horizontal law docs. that i've seen before on occation's, but i can't seem to cyphon anything from it that clearly answer's a couple of simple question's, as in the percentige of debt free owner's you need to have to hold an a.g.m. cast vote's etc. and be legal.  maybe in my case it's like reading the "small print" on the back of an insurance policy, where i think you need to be an accountant/lawyer to make sense out of it, but thank's again anyway. rgds bluefox. 

You're the president, right?

Section 16
1. The meeting of the general assembly shall be held at least once a year to approve the budget and
the accounts, and in any other time the president sees fit or upon request of 25 percent of the unit owners or
a number representing, at least, 25 percent of the assessment quotas.

You're the boss, call the meeting!

Any members who are not up to date with their fees can still attend, still take part in debates, but cannot vote on any issues. Section 17 goes on to discuss the various ways resolutions can be legally adopted, but for most things, a simple majority vote by those present at the meeting will be sufficient.

Hi Bluefox

Roberto as usual is 100% correct you are the President you call the meeting.  Although if you have had your A.G.M. during the last 11 months or  thereabouts it should really be an E.G.M.  but the same legalities apply.  I understand that five days notice is all that is required and that you need only send this notice to the owners Spanish address.  We have many English/Irish so send our invitations to attend to both the Spain and out of Spain addresses but that is a matter for you and the Community to decide.

One important thing to remember Bluefox , when you are dealing with your lawyer/Administrator they work for you and your Community and not the other way round.    You pay their wages so they should do as you ask or they should be replaced.

thank's both for the last 2 post's, yes i do understand that 25% of owner's can call an a.g.m. i now understand that all owner's can attend in or out of debt, what i was told, was, that you needed at least 89% of debt free owner's to make the meet official and legal, seem's now this is not the case, and debt free owner's in attendance can cast vote,s of any issue, if that's the case our lawyer was totally wrong, word's will be spoken. many thank's again. rgds. b/fox