Community Meetings and Debtors

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19 Jun 2007 12:00 AM by dnicholson Star rating. 24 posts Send private message

Hi Maria

Do the Horizontal Laws dictate the language to be used in an AGM or EGM community meeting





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20 Jun 2007 7:15 PM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

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Your meeting will probably be in English and there should be a translater. If there are Spanish persons present it is polite to repeat in Spanish.

_______________________
  ' Do unto others as you would be done by'
   
         Now a non-smoker !  



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20 Jun 2007 7:29 PM by dnicholson Star rating. 24 posts Send private message

Thanks for your reply. Can I presume that there is no law relating to the official language used?



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20 Jun 2007 9:34 PM by amazingwally Star rating. 7 posts Send private message

Hi

All documentation, minutes etc must be in Spanish to be accepted in Spanish law. English cannot be accepted at all, but of course can be used for the purpose of information to non Spanish speaking persons. Make sure all translations are "true" as unscrupulous persons could use it to their advantage.

Hope this helps

 

 





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20 Jun 2007 11:43 PM by dnicholson Star rating. 24 posts Send private message

Hi yes thanks for your reply. I understand that the "Actas" must be in Spanish but my question is simply. Is there any legislation dictating the language that an AGM/EGM must be conducted in?



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21 Jun 2007 6:13 PM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

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I do not know of any legislation refering to the language used at AGM or EGM. Your administrator should know, or if you are unable to ask them, Maria of ESO would probably be able to confirm this fact. It would make sense for the language used to be the one that most owners understand and to have a translater for any other languages if necessary. That is what has always happened at our meetings.

_______________________
  ' Do unto others as you would be done by'
   
         Now a non-smoker !  



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21 Jun 2007 7:08 PM by Pitby Star rating in Andalucía. 1904 posts Send private message

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This is a good point.  I was under the impression that the meeting had to be conducted in the language of the majority.   Is that not correct?



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09 Jul 2007 7:12 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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The Supreme Court of Spain has affirmed that it is not stated in the Horizontal Property Act that the meetings of the Community of Owners have to be held in Spanish.  The Supreme Court affirms that the holdings of these meetings are not official, public acts but private ones among individual, private parties.
 
The State must not intervene within the relationships among private parties ( legally private relationships)  
 
Provision 13.1 of our COnstitution affirms that “ foreigners have in Spain the public liberties gathered in the COnstitution as they are stablished in the Treaties and Law”, and provision 27 of the Civil Code “ foreigners have in Spain, same civil rights as Spanish citizens, except what it is stated in Treaties and Laws”
The right to use a foreign language is unquestionable but, as with every right, it is necessary to set a procedure by which the existente of this right won´t cause non-defense to any other people.
Submitt to the community of owner for votation in a previous meeting, which is/are  the language/s which is/are going to be used. Therefore, those owners who does not know the language can bring a translator. The votation will be the one required in article 17.3 of the Community of Owners.
The costs of the translator needs to be paid by the Community of owners.
 


_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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