The 2009 Minutes of our AGM have never been approved. At the AGM meeting

in 2011 our President asked for them to be approved along with those 2010,

I pointed out that I and others had objected to the 2009 minutes as they were

not a true account of the meeting. The President said he would look into this and

we only voted and approved those of 2010.

However, the minutes of the 2011 meeting give the impression both 2009 and 2010 minutes were approved, so I have objected to the 2011 minutes. Our Administrator tells me the only way that an objection can be made is by Denoucer. made within the correct time limit.

I have been under the impression that an objection, made in writing and within the correct time limit, should be read out at the beginning the the next AGM and voting upon. 

Please can anyone enlighten me as to the correct procedure and if possible quote 

chapter and verse.

Many thanks  

nthat tesehy weose y  objected as I had  tto yo bon0of the  I and another owner has objection (by email) to some wording of our.

AGM minutes, which gives the impression . 

You need to ask the administrator for copies of all the signed minutes for the community , to see if all of the meetings and votes were carried out correctly according to the law. Then if there are any irregularities you could look in to taking legal action if you feel that it's necessary.  

For clarification here is the relevant extract(s) from HPL:

1. The resolutions of the general assembly may be challenged in court, in accordance with the provisions of the general procedural law, in the following cases:

a) where such resolutions are contrary to the law or to the community statutes;
b) where they are seriously detrimental to the interests of the community and benefit one or several unit owners.

c) where they are seriously detrimental to some unit owner who has not the legal obligation to sustain such detriment or where they have been adopted in abuse of power.
 

2. Unit owners who expressed and recorded a dissenting vote at the meeting, those who were absent for any reason and those who were illegally deprived of their right to vote shall be entitled to challenge these resolutions. In order to challenge a resolution, a unit owner must have satisfied all community fees due or, alternatively, must have consigned them in court before proceeding. This rule shall not apply where the resolution challenged regards the establishment or alteration of owners’ assessment quotas, as provided in section 9.

3. The action shall prescribe three months after the adoption of the resolution by the general assembly or one year in the case of resolutions contrary to the law or the community statutes. For unit owners not present at that meeting the three month term shall begin to count from the date of notification of the resolution pursuant to the provisions of section 9.

4. Where a resolution of the general assembly is challenged in court, its implementation shall not be suspended, unless the judge, at the plaintiff’s request and having heard the community, so resolves as a precautionary measure.


Section 19

1. The resolutions of the general assembly shall be recorded in a book of minutes stamped and validated by the Land Registrar in accordance with the applicable regulations.

2. The minutes of each meeting of the general assembly shall express, at least, the following circumstances:

a) the date and place of the meeting;

b) the person having summoned the meeting and, where appropriate, the unit owners who promoted it;

c) whether it was ordinary or extraordinary and whether it was held on first or on second call;

d) the roster of those present and their respective offices, as well as unit owners represented;

e) the agenda for the meeting;

f) the resolutions adopted, with indication, where relevant for the validity of the resolution, of the names of unit owners who voted in favour and against, as well as the assessment quotas corresponding to each unit owner.
 

3. The president and the secretary shall sign the minutes at the end of the meeting or within the following ten days. Once the minutes are signed, the resolutions shall be in force, unless otherwise provided by law.
The minutes shall be sent to the unit owners, pursuant to the procedure established in section 9.

Any defects or errors contained in the minutes may be rectified provided that they are signed by the president and the secretary and that the date and place of the meeting are correctly expressed, as well as the names of those unit owners present and those represented, the resolutions adopted, the votes in favour and against, and the assessment quotas thereby represented. Corrections shall be made prior to the following meeting of the general assembly and submitted to it for ratification.

4. The secretary shall keep custody of the general assembly’s minutes book and he shall conserve the summons for meetings, notifications, proxy forms and other relevant documents during a five year period.

Hope that helps

Barry

 

Many thanks Fighter 2 and Sneezie for your replies

I think the following extract is what applies to my problem

Any defects or errors contained in the minutes may be rectified provided that they are signed by the president and the secretary and that the date and place of the meeting are correctly expressed, as well as the names of those unit owners present and those represented, the resolutions adopted, the votes in favour and against, and the assessment quotas thereby represented. Corrections shall be made prior to the following meeting of the general assembly and submitted to it for ratification

Our Administrator will only accept a Denoucer has to be made to challenge the minutes. I will now pass this

extract on. 

Many thanks

Ann Clark