Calling an EGM

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09 Nov 2009 12:00 AM by Poppyseed Star rating. 897 posts Send private message

Some of the owners on our community desperately want to call an EGM but do not have contact details for other owners to enable them to obtain the required 25% to call an EGM. The president refuses to provide any contact information which they are probably right to refuse, but as most of the owners are non resident and we do not have secure post boxes or indeed any postal delivery in Spain can anyone advise whether there is any way to move forward with this? I can't see anything in the Horizontal Law that covers this sort of situation. There is a website for the community but only very few owners have registered as members so that is not much use for communication.

Regards,

Poppyseed



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09 Nov 2009 9:59 PM by abbbb1 Star rating in Essex and Ciudad Que.... 306 posts Send private message

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Poppyseed

Would the administrator help?  Now, after some prompting, he sends out all AGM etc notification by e-mail to all those who have a computer, and by "snail mail" to those who don't



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09 Nov 2009 10:25 PM by Poppyseed Star rating. 897 posts Send private message

Hi abbbb1, the president sacked the adminstrator some time ago without  explanation or asking the community, this is one of the problems we have, the president has total and sole control over everything.

Regards, Poppyseed



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10 Nov 2009 7:06 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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Dear Poppyseed:

As owners and for the sake of playing your rights out, you have gor rights to ask the administrator/ or the President to make available to you the contact details of the members of the community.

Best Tuesday!

Maria

 



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10 Nov 2009 9:48 AM by spanishsolicitor Star rating in Murcia. 140 posts Send private message

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As far as I understand from what I have read on your post you don’t have currently any administrator, thus the president must hold the offices of administrador and secretary in accordance with section 13 (5) of the HPL
 
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.
 
Section 20 provides for the major responsabilities of the administrator, one of them is:
 
20 (e) To act, where applicable, as secretary of the Owners’ Committee and to keep custody of commonhold documents available for the owners.
 
If your president-secretary-administrator refuses to provide the contact details of every owner in order to send a notice calling for an EGM you should arrange a “requerimiento notarial”
 
If the president still refuses section 256 of the Civil Procedural Rules provides for pre-trial proceddings
 
256 (1) Every trial may be prepared
(4) By a commonholder’s request to show the community documentacion
 
 
The problem is that you are seeking that information not in order to call for a meeting but in order to obtain the support of the 25% of the owners, thus the president could deny the request under the aegis of the Protection Data Act.
 
 
 


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