18 Jun 2015 12:54 PM:

The minutes of any formal community meeting ( AGM,EGM or Ordinary) need to be sent to all members ( regardless of payment status) of the community after 10 days maximum following the meeting.This is the law but in real terms often they are sent out by admins slightly later depending on the complexity of the meeting undertaken and when the president id free to sign them. The minutes contain the agenda ,attendees and payment status of the members.

If you are receiving the call to the meeting which your mail suggests with the annual accounts and annual proposed budget as well as the above stated ( are you receiving a invoice for your community fees) ? Then there is no excuse for the not sending the minutes to you. A member can claim against the minutes for up to 1 year if not received and annul the meeting.

You could send a certificated letter by post from a Spanish post office confirming the address you wish to receive all written communications ( many are sent by email now so include your email address too) demanding a copy of all the minutes you have not received . This letter to be addressed and sent to the  Secretary of the community ( often the administrator).

I hope this helps.

Regards

F.Parkinson Jacksons Administradores SL

 

This message was last edited by Jacksonsadmin on 18/06/2015.
Thread: Community Administrators

--------------------------------------

28 Jan 2013 9:29 PM:

 Hello Blue fox ,

A proxy vote is the act of appointing a representavive to act for a member in the community meeting.This may be AGM ; Extraordinary or ordinary.

The LPH community law allows for a member who has paid his community fees to vote in this way.

The community will use a form as a rule for this purpose.Some forms are more democratic than others in the choice they give to for the member to mark different points of the agenda with their voting wish and then appoint the president or another representive to vote for them as their  wishes. Other types of form allow only for a person or the president to vote for you ( you can of course instruct the representive with your individual vote wishes but under this system the proxy holder has the ultimate power desicion of the vote in the meeting). All forms must allow the representive to vote for the member in what way he wishes also. A written letter appointing a representive is also a legal instrument which gives the power to vote to the named representive. The importance of this person being able to identify themself as the representive of the member by passport / driving licence & or NIE is a very imortant part of any of the authorities.

Community statutes may limit the number of proxy votes a person can hold but there is nothing in the LPH which relates to this so it is challengable in law.

As Costa blade states you can vote by email but the members should previously have voted to accept this as a proxy or it is left to the discreation of the president who is the chair of the meeting.A fax is a legal instrument in Spain.

As a community owner you own a share of the communal facilities and therefore  a member can not be restricted in use of the same if community fees are not paid .The community can of course persue the member for his debt to them through legal channels.

I hope this helps.

F.Parkinson Administradore

Thread: proxy vote's

--------------------------------------

25 Jan 2013 9:01 PM:

 I can confirm this company was appointed the administrator of Gran Mirador 4 in September of last year.

Unfortunately due to past self administration the information available to us has been limited.

We are now close to the end of our title investigation & have discovered  ( as suspected) the unfinished section of this site is in the posession of Cam Banco now Sol Banco. The bank has today confirmed their 35 titles to us after some persisitent pressure.

I understand the developer was German & returned to Germany after the bank stepped in which was in summer last year.

I do not have any detailed knowledge of the past phases or happenings but I am able to check against my property register the ownership for any one who is in the acquisition process of a property in this phase 4.

I hope this helps.

F.Parkinson Administrador

Thread: Rio Park Bank Guarantee Promised But Not Issued

--------------------------------------

18 Jan 2013 9:18 PM:

 Interesting thread on the application of discount for community fees.

Firstly it is important that a formal meeting votes by majority to increase the fees by the prescribed percentage and that this forms part of the annual buget by being mirrored in the same.

This then takes away the right of dispute from any member refusing to pay this proportion when late as it is a annual community quota total fee .The community accounts should reflect the use of the proportion of fees without discount to it's overheads or reserve fund.

The discount  terms should be carefully recorded in this minute particularly with regard to the settlement qualification.

For example if a member has given a direct debit instruction to the administrator ; is the application for funds on the due day the trigger or are the funds to be clear by the due day.In some cases it can take up to 90 days before the bank release all the funds when applied for by direct debit. So the community will have these funds shown in there account but blocked & can not use them for the period awaitng clearence.I prefer a standing order from the member as it is cleared on the day of receipt  & attracts less costs to the community banking facility also it does not give the member any opportunity of reversing the transaction once in progress.

As Helen points out the management board with the administrator must be on the ball in checking the community account .

In terms of removing the discount for a breach of rules this is a fairly complex situation & quite intriguing. 

The management board is effectively judge & jury but there is nothing in the LPH to rely upon. I beleive the civil code of Spain would over rule this action if challenged in court. The community could then have to compensate the member & pay their legal costs. Hence I would recommend any President to make sure he had the majority of his total quota vote for this in a formal meeting as a minimum for his own protection. If it could be introduced to the community statutes ( difficult as it would need a 100% quota vote) then I think it could have a greater chance to be sucessful given the statutes have solid legal footings when there is nothing to contravene them in the LPH. Again the Civil code code though may over rule this .

As Maria points out a lower cost can be acheived in disputes by using a legal arbitrator if both agree. The consumer rights office can also take up matters for  the public with out charge & are present in most main towns as part of the Ayuntamiento as a normal.

Interesting topic although no difinative conclusion.

Regards

F.Parkinson  Administradore 

Thread: Loss of Community Fee discount for breaking community rules

--------------------------------------

11 Jan 2013 6:36 PM:

Mungry;

The statement that you make is very true. 

How ever the administrator has the power of the community to recover the fees they owe through the law & must proceed diligently to his job to recover these funds for the community in the quickest & most cost effective way ( see past thread).

 

Regards

F.Parkinson Administrador

Thread: Facts on Bank Debts to Communities

--------------------------------------