URBANISATION COMMITTEE MEETINGS

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04 Nov 2013 7:55 AM by nigel188 Star rating in Estepona. 655 posts Send private message

Can any Legal Expert or Forum User help us please.

Our President replied to a New Committee Member's, Email enquiry ,elected at our AGM in August this year as follows:-

"

The documents/info you requested are not available: we dont make minutes of our meetings and we organize our meetings on a need to basis. In addition a number of us travel frequently so we need to be flexible with meeting dates in order to assure high attendance. In addition there is frequent individual contact with portfolio holders, again on a need to basis.
A constitution of the committee neither exist."

I am unable to find in the Horizontal Law or similar Documents where it states Committee Meetings should be held on a Regularly Basis,Agenda's Created for each Meeting and Minutes should be openly displayed on a Notice Board or available for Community Owners to read.

Many Thanks

Regards

 

 

 



_______________________

Nigel




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04 Nov 2013 3:04 PM by lobin Star rating. 256 posts Send private message

Hi, Nigel.

The reason you can't find the regulations for Committee Meetings in the Horizontal Law is because the Law does not regulate urbanisation committees.  These committees are not a legal requirement.  The Law requires for Communities to have a President, an Administrator and a Secretary but committees are not required.  Therefore, creating a Committee is purely voluntary and it is up to the Community to decide when meetings will be held, if minutes will be kept or not and how to make the decisions of the committees known to other owners. if at all.

In some cases, these things are regulated in the by-laws (estatutos) but very frequently, as in your case, there is no regulation and the committes just organize themselves in whichever way is convenient.

Just remember that in a Community decisions have to be taken by an AGM or an EGM held in accordance with the legal requirements and voted by the required percentage of owners and coefficients.  Therefore, Committees are generally there only to debate things, study proposals, get and consider fee quotes for services, and deal with emergency situations, etc. but legally these committees cannot make decisions, but only bring them to the consideration of the AGM or EGM, as the case may be.  In emergency situations, the Horizontal Law authorizes the President to decide or urgent remedies (for example, the power goes out in the garage and stairways or there is flooding of common areas from one of the apartments)  but a committee is not even mentioned in the Law.  The Law provides for a Vice-President to act as President in the absence or inability of the President, but it is not a legal requirement for Communities to have a Vice-President.

 





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