A subversie meeting to change president and/or administrator

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23 Feb 2010 00:00 by mariadecastro Star rating in Algeciras (Cadiz). 9000 posts Send private message

Legal Questions? Speak to Maria Direct

Call of the "subversive" :)  meeting to remove current president and/or administrator

I. Article 16 of the Horizontal Property Act

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.


2. The summons for the meeting shall be made by the president or, failing this, by the promoters of the meeting, and shall include the items to be dealt with, the place, day and time of the first call and, where applicable, of the second call. The summons shall be made in accordance with section 9. The summons for the meeting shall include a list of unit owners with outstanding debts payable to the community and advise of the deprivation of their voting rights where the case falls within the situation described in section 15.2.

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.

Should a majority of the unit owners representing a majority of the assessment quotas not be present at the time of the first call, the meeting shall then be convened on second call with no quorum being required.

The meeting shall be held on second call at the place and on the date and time set forth in the first summons and may take place the same day at least half an hour later than the first call. Failing this, it shall be called again, in accordance with the requisites set forth in this section within eight natural days of the meeting not held. In this case, the notification of summons shall be at least three days in advance.

 Quorum needed for the appointment of a new President . Majority

II. Article 17 of the Horizontal Property Act. Section Third.

All other resolutions shall be adopted with the vote of a majority of the total number of unit owners representing a majority of the assessment quotas.

Where the meeting is held on second call, the resolutions adopted by a majority of those present shall be valid if they represent more than half the value of the assessment quotas of those present.

Where a majority cannot be reached by the procedures provided for in the preceding paragraphs, the judge, on petition of an interested party, made within a month of the date of the meeting held on second call, and after hearing the litigants, duly cited, shall adjudge in equity within twenty days from the date of the petition, awarding legal costs to the corresponding party.

Hope this clarifies


Maria L. de Castro, JD, MA


Director www.costaluzlawyers.es

El blog de Maria

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