Timeframe for receipt of AGM/EGM minutes

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11 Oct 2021 1:10 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Hi Anton:

You have got 3 months since agreement is made at a General Meeting

Kind regards

M



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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11 Oct 2021 3:09 PM by drumsanton1973 Star rating. 6 posts Send private message

Thanks for your reply Maria. 

What if it's an extraordinary meeting?

Also, we have not denounced the minutes with the court, but have told the administrator by email, that they are incorrect. We did that immediately after he sent the copy to us. 

One more thing, we are presidents of the comunidad and the administrator did not get our sign off.

I would be grateful if you could let me know whether we can go to court to denounce the minutes. 

Many thanks

Anton





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11 Oct 2021 5:55 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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Every Community of owners need to meet once a year by Law to approve budgets. Then there are other times when a community of owners can meet under certain requisites and those meetings are called Extraordinary Meetings 

Decissions made in a General Meeting of a Community of owners can be challenged in Courts, in these cases:

1. When decissions are against Law or the Community Statutes

  • Matters discussed and decided about were not included in the Agenda
  • Decissions did not respect the necessary quorum.

2. When decissions are seriously against the interest of the Community and just for the benefit of few owners

3. When decissions are  seriously detrimental to some unit owner who has no legal obligation to bear with it or  it was adopted in abuse of rights.

Just owners who are up to date with community fees can challenge Community of Owners´decissions in Court. Your dissenting vote needs to be recorded in the Minutes and that you plan to challenge said decission in Court.

If the Minutes are not signed by you, the President, they ar not valid

You can read a full guide on Community of owners here:

https://issuu.com/mariadecastro/docs/ley_de_propiedad_horizontal_tras_re

 

 

 

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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