37. Do I need to sign a Power of Attorney for someone to attend a General Meeting on my behalf? No, you do not, just a written authorisation is enough. It does not need to be notarised.
38. What if the apartment belongs to me and my brothers and sisters? Do we all need to attend? No, you do not. Just name a representative and have him/her going to the party.
39. Are owners in default of Community fees allowed to vote? No, they cannot vote, but they can deliberate. The minutes of the meeting need to mention those private owners who have been deprived of their right to vote, their votes will not be taken into account to reach the necessary majority for agreements. The announcement must contain a list of the owners who are not up-to-date with payments to the Community and a warning of their deprivation of the right to vote.
40. Why should we meet once a year obligatorily? The yearly obligation is for approval of budgets and accounts (it is good to take a look once a year ) Of course any other matter can be added to the agenda, by proposal of the President or of any member. To do so, the owner must present a document, identifying those subjects considered of general interest to the President, who must include them in the list of topics for discussion of the following meeting to be celebrated.
41. How many people are needed to convoke an extraordinary meeting?
A quarter of the owners or a number of them which, at least, represents 25% of the community.
42. Can we (more than 25% of owners) call the meeting? The call needs to be made by the President and, just in his absence, by the promoters of the meeting, by making a list of the subjects to be discussed and by choosing date and time to be held in first and in second call.
43. What if he refuses to call it? Owners can convoke and hold it, but it is needed the 100% of the owners.
44. How many of us need to attend to reach the legal quorum? 50% +1 of owners who represent 50%+1 of the shares (majority), for the first call. No specific quorum is needed for the second call.
45. Another trip to Spain for second call due to lack of quorum: my goodness!?No, you do not need to gather in a different day, just half an hour later, same place is fine. Generally, both calls are included in the same citation.
46. The president called me yesterday to announce there was a General Ordinary meeting today, he said to me he has forgotten to include me in the call for the General Meeting…. what should I do?
You can attend out of your good will, but you can also oppose the call of the General meeting as it has not been legally announced to all parties. The citation for the annual General Meeting must be done at least 6 days in advance and, in case of extraordinary meetings, the sooner for all the interested parties to know about it.
"Conil de la Frontera", Cádiz, Spain, by kyezitri, at flickr.com
(picture taken from the local beach)