The agreements of the Owners’ Committee don’t require for their existence an ‘ad solemnitatem’ form.
It must be pointed out the distinction between ‘ad solemnitatem’ and ‘ad probationem’ formalities.The former are those that require a class of legal act in order to exist or come into being. In their case, form is substance, in that the transactions, dealings or acts do not exist as such, unless they are executed in the legally regulated form. For instance, donation requires a special form, (a registered deed), for its validity.
The ‘ad probationem’ form is only required as evidence of legal transactions, dealings or acts. It in no way conditions the effectiveness of legal acts, other than in the sense of being thoroughly “legitimated”, whereby it is established that it may only be proved by means of the legally prescribed form.
Bearing in mind the above distinction we can infer that although there is no reference in the minutes about the term of the agreement of implementation of an equal distribution of the expenses of the community that does not mean that the Owners’ Committee did not agreed a term of a year. If the minutes does not refer to the details of the resolution adopted that does not imply that these details don’t exist. “These details could be proven in other ways like witnesses” (Supreme Court ruling of 7th October 1999)
Therefore, you should call for an EGM including in the agenda that issue which would be passed by majority.
You should not care about what the administrator or the president say, the former is as Jenkinsmkjj said a “servant of the community” and the president has only the following functions:
i. To summon ordinary meetings of the OC at least once a year.
ii. To summon extraordinary meetings when he or she finds it necessary.
iii. To chair the meetings of the OC supervising its running.
iv. To acknowledge requests from the owners addressing them to the Owners Committee, in particular those issues stemmed from section 7 (1).
v. To prepare and bring court actions representing the commonhold demanding commonholders to cease in their actions in accordance with section 7 (2).
vi. To warn owners of breaches in their duties ensuring that all commonholders observe their obligations towards the commonhold as a whole and in relation to other owners in particular.
vii To sign agreements with providers or suppliers provided that the Owners’ Committee has decided so in pursuance of section 14 (e).
So, if you can reach majority at the next meeting the agreement will come into force and only a court could annul it
This message was last edited by spanishsolicitor on 23/10/2009.
This message was last edited by spanishsolicitor on 23/10/2009.