Timeframe for receipt of AGM/EGM minutes

 This is a question I am often asked. The Acta ( minutes in English) should be sent to all owners regardless of payment status within 10 natural days of the meeting concluding.This applies to all types AGM; EGM or Ordinary.

F.Parkinson .Jacksons Administradores

 The language of a community can be changed to any world language providing it is put before a formal meeting & voted through by the majority in the case of a second call meeting or by 51% in the case of a first call meeting. 

The Acta can then be put into English language however i would advise that if the acta is to be used in any court proceedings then it could be adverse to a judge in Spain. hence I practice all Actas in castelano & copy minutes in English.

F.Parkinson Jacksons Administradores

 The timing window to claim against a community Acta / minutes is up to 12 months.

The best period to claim is within 30 days of receipt but you have a strong claim within the legal time frame up to 3 months. The member who can prove he has only just received or become aware of a acta can claim up to 12 months from it"s date.

F.Parkinson . Jacksons Administradores

 After votes / members not at the meeting - The majority of meetings proceed on the second call where majority voting carries the agenda point by both attendees & proxy .There are no after votes to the meeting.

F.Parkinson Jacksons Administradores

pompom.........................the votes at the actual meeting are from persons present or represented by proxy votes,

After the meeting NO ONE can vote...................but anyone who DID NOT attend the meeting or was NOT REPRESENTED has so long ( think it's 30 days but some items are allowed longer ) AFTER they have recieved the minutes of that meeting to register their dissent, otherwise they are deemed to agree with whatever happened and was voted for at the meeting.

This applies whether the meeting was held at the 1st or 2nd call. The reason for a 1st and 2nd call is that on the 1st call there may not be the correct quota of votes and representation to continue so you wait for the 2nd call which can be held without the required quota.

In practice I have never known the meeting to be held at the 1st call time, not because of lack of votes and representation but because of the organisation it takes to record everone attending!!

 Hello Everyone ;  

The HPL can sometimes be unclear on matters but this is normally due to the referral in the text  to a master deed or statues. 

Statues can often fill in the uncertain areas in the HPL & are very useful in a community.They do not over ride the HPL though.

Karensun is on the right lines with the explanation she states but I can add a little more detail to this to clarify. Barry has also stated a section of the HPL( 17.1) which is correct when used in the context of voting where a master deed or statues are involved also main services such as lifts. Barry is also correct in stating there is no provision for after votes in the HPL.

So to clarify : 

17.1 This deals with unaminity vote for the Master deed & Statues along with ammendment of main services inluding lifts .The clause also outlines the effects of the access act for elderly & disabled people in alterations in the community.In this clause the wording quoted of taking those members votes into account who are nor present or represented shall be deemed to be in agreement  if they do not notify the secretary of the community in 30 calender days of receipt of the minutes of their objection to the motion carried. Hence note the circumstances of this clause in considering the non - attendees votes is personal to 17.1 only and not a general rule.

17.3 This clause confirms in all other types of  voting a majority vote will carry the motion. In the case of first call meetings 51% of the community total quota.In the case of second call meetings 51% of the attendees / represented voting quotas.Hence there are no after votes & why most meetings are held on second call as it is often there is less than 51% of the community ownership in attendence or represented at the meeting .

19.3 Confirms the 10 day rule to having minutes signed by the President & Administrator .They are also deemed to be in force at this time.

9.h This confirms the owner's obligation to notify the community secretary of matters relevent to his ownership by recorded communication.

 I hope this helps & also answers pompoms questions.

F. Parkinson Jacksons Administradores SL

Thank you for your quick reply

Have missed attending an AGM/EGM, its been  months ) since the community had this meeting, is this normal to take this long to get minutes ready? Or something wrong....?

We were told by administrator that they are waiting for it to be ready...Wonder ours taking such a long time. Os this typical in spain? 

(Sorry if this has  been covered in other threads or below, but i need some inputs and clrification, with time frames with an EGM minutes time frame)

thank you everyone, (still reading the threads below)so  interesting....

months seems to be excessive

what do your neghbours say? have you asked the president?

Tadd ,

 We had also issues on minutes  2-4 months since these meetings( wonder is it taking really long to get translations to different languages and etc. signature , does it need to be notarised?,maybe thats why taking that long? Or is 2-4 minths not really long in Spain? ( heard things take ages here to get done) is it?

when communty members vote , does the president has a final say to change them? If the president is a bank?

Thank you...very confused with this type of issue..

This message was last edited by Palm on 03/05/2017.

Palm

In the past when I lived on an urbanisation minutes of all meetings were isseud within a week in English and Spanish (no notarising) issued via mail and posted on a portal website the admin had set up for the community

As I recall if community members vote a president cannot overide this and has vote like everyone else. In the event of  50/50 vote mayeb the president has the casting vote. Unless it is a change to the community constitution which may require full unanimty of all community members present

Why is the president a bank?

Thank you very much. 

wow, issued within a week,,,,thats very quick. We keep chasing our minutes etc.( because we want to see the infos of the results, of the agenda etc.)  but keep hearing the same answer for months - "its not ready" .. Need translated, need sigs, ...thought its all like this in Spain.

some urbanisation, ( dont want to mention names here) but they are still partly owned by bank ( as a major share holder) wonder if their vote is considered or counted as "one vote." ? Like eveyone else...

Palm

I think the HPA states that minutes of meeting should be signed by the offcials of the community within 10 days of the meeting being held. Once signed they should be issued to the owners

Hi all, I'm new to this site and just found doing a google search for proxy forms.  Live on the lovely island of Malloca and some of our community have a dispute with our current administration company as they never send full documentation of anything eg: community accounts, works being carried out, budgets, action against debtors etc.  They are pretty useless unless you are a committee member but they flatly ignore requests for informationn to which we are entitled to - know a bit about Horizontal Laws and it appears they know nothing!!! Our AGM is next Saturday and they have not sent out a debtors list or account sheet with their notification so, only those attending the meeting will get this information and as the majority of owners do not live here permanently and are from all over EU, flights to Mallorca are pretty non-existant at this time of year - do they do it on purpose, I ask?  Anyway, can anbody point me in the right direction for finding a proxy form and would this form be admissable if it is not the form the administrator has sent?  Oh, and we also wait at least 5 months before we receive the minutes of the AGM and it's nothing to do with translations as they only send it in Spanish!!!!

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You previously posted the link to the Administrators Ruling Body to contact, but I can’t find it.

Maria may also be able to respond.

Dora

Afraid this is not unusual of Administrators in Spain, they will always find a way of suggesting they are complying  with Spanish Law, when they are not.

They are obliged to send

Call of Meeting, Debtors list as these can’t vote, Proxy Forms.

Probably should also send previous years Accounts and budget for current year as both need to be approved.

If you have someone in mind to give your proxy to, try sending an email to the Administrator cc your proxy giving your name, apartment number and your proxies name.

Ask for an acknowledgement.

They either accept that or send you a proper Proxy Form to sign and return, everyone acts differently and they interpret the Law to suit them.

Yes minutes should be produced and signed in 10 days, but hey this is Spain, what do you expect?

You should have 30days from receipt to question or object to anything in the minutes 

Dora:

Contact me and I will send to you a proxy draft.

In regards to deadline for the sending of the minutes, HPA does not establish a deadline for it.

It does establish a deadline for the closing and signature of the minutes ( within 10 days after the meeting) and a deadline for legal opposition to them ( 3 months from signing of the minutes) so... there is room for fraud of law by sending the minutes after those 3 months.

Of course, that can be challenged in Courts 

Please can i ask the current legal time for minutes to be sent out after an AGM? Is it still as last thread?

Thanks in advance

There is no legal timeframe to send out the Minutes to owners.  The minutes must be drawn up and signed by Secretary with the approval of the President within 10 days after the AGM or EGM, but sending them out could be done at a later time.

Hi everyone

Not sure this is the right forum so apologies in advance. 

I have a question about how long the statutory time limit for when you can denounce minutes of a comunidad meeting.

The reason I am asking is that we live in an apartment in Barcelona where the administrator has circulated incorrect minutes. We have told the administrator they are wrong but he doesn't answer our emails and hasn't changed them. We want to denounce the minutes as incorrect because they say we cannot construct decking etc on our terrace.

I would be grateful if someone could tell us what the statutory time limit is.

Thanks, Anton