AGM

We had our last AGM meeting February 2020. Our next AGM meeting Februray 2021 was postponed due to travel restriction in Europe.  Many owners have come this summer. The information I've got from our adminstration is that all AGM meetings in Andalusia are cancelled to the 31st of December 2021.

I understand Zoom meeting is allowed if aproved at the AGM meeting, what did not happened in 2020.  The other option is postal vote, however we need 100% agreement on Zoom meeting. Many owners did not feel confortbale to have Zoom meeting, so it did not go through. 

We are on spanish soil and regardless we like it or not we have to follow spanish regulations/law.  It looks like to me that next possible AGM meeting can be in February 2022?  

We suppose to have AGM every year, what we haven't.  I guess may communities may have the same problem in 2021?

Yes, many communities are having the same problem. I think our dates are similar to yours and the Zoom one didn't happen because of several people not happy with it. One meeting we did call was cancelled when the venue owners said the rules had changed and they couldn't supply enough room for one person from each household even though there wouldn't have been that many. 

One of those  things in these times, I think. 

Our Comminity had a AGM by paper or email vote which is perfectly legal according to the Law. See below

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PRELIMINARY MEETING REPORT - MOTIVATION

MOTIVATION FOR THE HOLDING OF A COMMUNITY MEETING THROUGH THE CASTING OF VOTES BY MAIL

RD Law 8/2021 of May 4 establishes that, in general, the obligations to hold Homeowners Meetings are suspended. However, exceptional forms are regulated for its celebration in cases where it is necessary to adopt an agreement that can NOT be delayed until 12-31-2021.

The reason that makes the holding of the Meeting of Owners possible is:

● The serious economic situation of the Community, which makes it impossible to function normally and

pay debts with workers, tax agency and social security.

● Claiming debts from defaulting  neighbors to avoid prescription and initiate claim procedures urgently.

Given the pandemic situation, the RD Law 8/2021 in its article 3 states that Meetings of owners can be held without the need for a personal appearance. Being possible to celebrate by means of the emission of vote by postal mail or telematic communication, and in the case that the due guarantees of participation of all the owners can be fulfilled, verification of the sender's identity and receipt of the communication.

VOTO - VOTE. / COMMUNITY OF OWNERS ………………………..

P.2 Approval if it comes of an extra fee of € 450 divided into 5 installments of € 90.

A favor                            en contra                                     absteneciones

 In favour                       against                                          abstentions

P.3 Approval, if applicable, of an audit of accounts for a cost of € 2,500 plus VAT, authorizing the president

and administrator to contract said audit.

A favor                           en contra                                      absteneciones

 In favour                      against                                           abstentions

P.4 Approval, if applicable, to initiate civil and criminal legal actions against the previous Property

Administrator and Community Lawyer ………………………………, for possible negligence, abuse of lack of accountability and delivery of documents, damages caused to the community, both for his activity as a property administrator and for his activity as a community lawyer, authorizing the President and the Administrator to appoint a lawyer, attorney and experts for this purpose.

A favor                          en contra                                       absteneciones

 In favour                     against                                            abstentions

P.5 Approve, if applicable, change the period of issuance of quotas from quarterly to monthly as of October 1,2021

A favor                          en contra                              absteneciones

 In favour                      against                                      abstentions       

P.6 Approve, if applicable, cancellation "to the debtors" of the penalties and apply the bonus, provided that they pay all the debt before  August 31, 2021.

A favor                        en contra                             absteneciones

 In favour                   Against                                  abstentions

P.7 Approval, if appropriate, to compensate the owners of ………………………………. Urb ……………………..

A part of the community invoice, reducing said invoice in an amount equivalent to the receipts

they have been paying to the E.U.C…………………………………….Urb since 2019 To grant the power to the

President and Administrator to develop the agreement and the compensation between the

EUC and the Community of Owners ………………….Urb .For a better understanding, if the owner  ……………………………………………of           must pay 450 euros to the  Urb……………………., and has already paid 200 euros to the EUC ……………….Urb it is proposed to consider paid in 200 euros the fee of the ……………………Urb ……………………., with 250 euros pending payment.

A favor                                       En Contra                           absteneciones

 In favour                                   Against                               abstentions

P.8 Settlement of debtor balances, and authorization to the President and Administrator to initiate legal actions against debtors, hiring a lawyer and attorney for this purpose.

A favor                                      En Contra                    abstenciones

 In favour                                   Against                       abstentions

Owner: ________________________________________________________DNI/NIE: _______________________, owner of the

house___________________________________, vote the above selected according to the summary table of votes.

Witkar, it is not exactly that all AGM's are cancelled until after December 31, 2021.  What the legislation enacted by the Government in June says is that "the obligation to hold an annual meeting of owners to approve the accounts, budget for next year, etc. is suspended until after December 31, 2021".  The legal obligation is suspended but if a community finds a safe way outside and with sufficient distancing, the AGM can be held.  Also, it allows for both Zoom or other telematic method if no one objects and voting in writing like the example provided by Nigel188.

If a Community does not wish to use the authorized formulas (telematic or written), then the budget, the fees and the officers are considered extended until after December 31 or if the suspension is not extended further until the date in which a proper AGM can be held.

It is up to each Community of Owners to decide what they want to do.