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29 Nov 2012 12:00 PM by needtoknow Star rating. 6 posts Send private message

In past years our community agm agenda has included item(s) of expenditure for the coming year When such items are included, they do not indicate how much the expenditure will be The expenditure and then the cost is revealed and is then discussed at the agm and voted on The problem is that It is not always possible for all owners to attend the agm, but obviously they can delegate their vote to another owner, usually a resident Is it compulsory for cost of the item/items of expenditure to be included with the agenda to allow all owners to consider which way to vote? The items of expenditure I refer to are usually in excess of €1,000



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30 Nov 2012 5:28 PM by Jacksonsadmin Star rating in Marbella , Malaga. 78 posts Send private message

 The AGM agenda must include a annual budget which as it's title says must include the proposed expenditure of the community for the forth coming year & the members vote to accept or decline it's contents in part or full by majority vote. Ley Propiedad Horizontal section 14.b

The service of this information forming part of the AGM call must be 6 days minimum to members prior to the AGM  as set out in  LPH section 16.3.

 

I hope this helps.

 

F.Parkinson. Administrador



_______________________

f.parkinson @ jacksonsadministradoressl.es www.jacksons-group.com




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01 Dec 2012 7:05 PM by the doc Star rating. 30 posts Send private message

 

 

Yes, Horizontal Law 16.3 states that at least six days notices should be given before the AGM can be held.

This notice should include the agenda and one of the items  on the agenda would be the budget for the next year.

But can someone clarify if  the actual details of the budget need to be included with the notice letter.

 

 


 

 





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01 Dec 2012 9:05 PM by jacksonsadmin Star rating in Marbella , Malaga. 78 posts Send private message

The Agenda forming part of the call to the AGM can not be changed after the 6 day service rule ( written requests for additions to the agnda by members served on the secretary can be made up to 7 days prior to the meeting).

The budget document should be included in the call with the annual accounts for the members to study prior to the meeting.This is both common sense & good administration.

The community statutes could confirm this if so stated but there is no  point of law in the LPH which says the documents should be included in the call but obviously they have to be available to vote on in the AGM.

This does give way to a opportunity for the documents to be conveniently sprung on the members in the AGM & is in my opinion poor administration procedure which can have a detrimental effect on the voting by proxy holders who are not at the meeting to have sight of the same.

I hope this helps.

F.Parkinson Administradore



_______________________

f.parkinson @ jacksonsadministradoressl.es www.jacksons-group.com




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03 Dec 2012 7:59 AM by needtoknow Star rating. 6 posts Send private message

Hello again Our community budget contains a general heading for maintenance and a single amount detailed to cover the forthcoming year, I assume that this covers unexpected requirements of small value for maintenance work There is also a reserve fund Proposed Maintenance Work My question is, can an owner request/insist that in future, before the AGM agenda is circulated to owners that when it contains a specific item or items making reference to budget or budgets for proposed maintenance work (where the amount exceeds €1000 for example) to be voted on that it details a) the number of budgets requested for the specific work involved b) the number of budgets actually received c) the amount of each budget In doing so this will then enable owners who are unable to attend the AGM to be in a position to make a considered decision prior to delegating their vote on such proposed items of expenditure



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