| The Comments |
Can someone clarify the situation regarding the calling of an EGM.
The Horizontal Property Act states "upon request of 25 percent of the unit owners or a number representing, at least, 25 percent of the assessment quotas"! What does this mean?
Our urbanisation is not complete there are empty unbuilt on unsold plots, other plots have unsold properties. Does this mean that the developer/land owner have a vote for each of these?
It is over a year since our last AGM and the Administrator and President are dragging their feet in calling one. The urbanisation is suffering as a consequence and we urgently need stability to get the running of it back on track.
This message was last edited by dennismundy on 06/10/2009.
0
Like
|
It is a requirement of the Horizontal property Law to hold an AGM ( sometimes called owner's meeting ) ONCE in each year.
An EGM requires 25% of the total owners to SIGN a petition to be handed to the President/Administrator and then a meeting SHOULD be conviened after ALL the owners have been notified. The petition/request for an EGM MUST have the signatures and you CANNOT use proxy signatures for this.
If a lot of your Urb is still owned by the builder then he should have been paying Comm Fees for theses and will have a vote for every property he still owns, as long as the fees are paid up to date.
_______________________
 ' Do unto others as you would be done by'
Now a non-smoker ! 
0
Like
|
If a builder or any other proprietor owns more than one property he has just one vote even thought he shall have the sum of the ‘quotas’ of his properties. (Court of Appeal Murcia 01 Jul 2005 amongst others)
That rule may be considered as unfair but it ensures that developers will not have effective control of the commonhold.
It must be recalled that the special system of majorities established by the Act requires in most of cases both the majority of the votes and the majority of commonhold allocations (quotas), which are necessary in order to reach the quorum for passing resolutions. Only section 16 (1) contains one assumption in which this double system of majorities established in the Act could be used alternatively.
It is deemed as a fraud of law that situation in which a commonholder owning more than one property appoints a proxy for each properly he owns, under section 6 (4) of the Civil Code which defines fraud of law.
Regarding the possibility of calling a meeting by one quarter of the owners or a number representing not less than one-fourth of the total commonhold allocations I have to say that it is not necessary to being up-to-date with community fees in order to sign the petition.
Being a defaulter has only the consequence of deprivation of voting rights as it is established in section 15 of the Act
_______________________
www.fljordan.com
0
Like
|
Thanks for the replies:
The legal bit went over my head! But I think I got the sense of it!
Our Urbanisation is so new it did not even set a budget at last years AGM so the question on non fee payers is academic.
As a secondary question (pehaps the subject for another thread) is what happens at an AGM if the Administrator does not get reelected and no alternatives are suggested.
0
Like
|
I DID NOT say that you had to be up to date with Community Fees to sign a PETITION......I said you need to be up to date to VOTE.
_______________________
' Do unto others as you would be done by'
Now a non-smoker !
0
Like
|
Regarding your secondary question about what happens if the Administrator does not get reelected and no alternatives are suggested. the answer is provided by section 13 (5) of the Act
‘The functions of secretary and administrator shall be exercised by the president of the commonhold except when the Articles, or the Owners’ Committee by majority vote, provide that such offices be held separately from the president’
Thus, the president shall hold the office of administrator until the community finds an alternative
This message was last edited by spanishsolicitor on 08/10/2009.
_______________________
www.fljordan.com
0
Like
|
How much notice has to be given to call a EGM
How many owners need to be present to form a quorum
0
Like
|
Section 16 (3) provides:
The annual general meeting shall be called with at least, six days’ notice and extraordinary meetings shall be called with sufficient time to inform all parties involved.
Regarding quorums section 16 (2) establishes:
Where a majority of owners representing a majority of the whole commonhold allocations are not present at the time of the first call, the meeting shall then be convened on second call without the need for a quorum.
The meeting shall be held on second call at the place and on the date and time set forth in the first call and may take place the same day at least half an hour later than the first call.
In addition section 17 (3) provides
Where the meeting is held on second call, the decisions adopted by a majority of those present shall be valid if they represent more than half the value of the allocations of those present.
This message was last edited by spanishsolicitor on 07/11/2009.
_______________________
www.fljordan.com
0
Like
|
Let me start again, the question is how many days notice have to be given to call an EGM? & how many owners have to be present to form a quorum.
we have had an AGM but have unfinished business.
Thanks
0
Like
|
how many days notice have to be given to call an EGM? The law remains silent on this matter and it is only required "sufficient time to inform all the owners" Could be 1, 2, 3, 4 days, it depends on when every owner receive the notice
how many owners have to be present to form a quorum ?
On first call : a majority of owners of the community representing a majority of the whole community quotas
If your community has, say, 100 flats which the same share (quota) the quorum is 51
On second call: No quorum is needed
_______________________
www.fljordan.com
0
Like
|
please can you advise if 25 percent of owners on a spanish comunity call a egm that it cant be in the form of proxy votes
0
Like
|
In Spain, if 25% of property owners in a community call for an Extraordinary General Meeting (EGM), the request typically must come from those owners directly, not through proxy votes. Spanish property law usually requires these signatures to be verified in person or by documented representation, ensuring the owners’ intentions are clear and legitimate. just as you would study the rules before entering a https://goldenstarcasino.co.com/.Proxy votes are generally accepted only during the meeting itself and not in the initial request for calling the EGM. Always consult the community’s governing documents and seek legal advice for specific requirements.
This message was last edited by pitergreyyy on 11/8/2024.
0
Like
|