character

lodged papers to call an EGM have 28% of quotas and set a date in 16 days (1weeks notice required to owners) the president and board say insuffient time 9 days to prepare and send out letters how long does it take book a venue, print a load of letters and post them cant see the problem, they say they need six weeks by then they will have ruined the place.
any advice please

HELP URGENT.

baldilocks

Sorry, but apart from the fact that EGM is an Extraordinary General Meeting we haven't a clue about what you are talking about. Please explain...

character

We are on a community of 200 apartments and villas and wish to call an EGM. the papers calling for this have been lodged with the president and administrator, stating the agenda and giving a date 16 days away
They say this is insufficient time to prepare and send out letters giving notice of this EGM.

wanted to know if anyone knew the legal position here we have set the date and they are trying to stall.

Thanks

dunmovin

I would think consulting a lawyer would be a good idea.Obviosly purpose of the EGM is to remove the president and others you say are ruining the place, therefore it's pretty safe to assume they will stall. Is there any reason you and the others who want the meeting, cannot print and send the letters, arrange the venue and inform the president and the board?

Willie

character

Thanks for your reply,

28% of the quota more than the AGM and they still dont get the message.

The reason we cant do it ourselves is we dont have the contact details of all owners.

thanks.

dunmovin

why not draft and print the letters, arrange the venue, post tothos owners that you have addresses for, then provide the board with the remaining letters along with a list of owners that you don't have addresses for, saying that they can post them or provide you with the remaining addresses?

this way you negate their claim there is not enough time

Gus-Lopez

Hi,I have been looking through my copy of 'you and the law in Spain' (David Searle),it says that you have to ask the president to call the extraordinary general meeting and that skilled legal counsel will be required!!
Minimum notice is 8 days.

fljordan

Firstly we should quote section 16 of the Commonhold Act 49/1960

(1) The meeting of the owners’ committee shall be held at least once a year to approve the budget and the accounts. It shall also meet at any other time the president considers it advisable, or upon request of one quarter of the owners or a number representing, at least, 25 percent of the whole commonhold allocations.

(2) The notices for the meetings shall be made by the president or, failing this, by the promoters of the meeting. The notice shall include the items to be dealt with, the place, day and time of the first call and, where applicable, of the second call. The notice shall be served in accordance with section 9. The notice of meeting shall include a list of owners with outstanding debts to the commonhold and shall warn of the deprivation of their voting rights where the case falls within the situation expressed in section 15 (2).

(3) 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. A meeting not called by the president may be legally held provided all owners are present and willing.

Although it is not provided any term for EGMs it seems to me that that six weeks term is too much.

On the other hand, you as promoters of the meeting may draw and serve notices calling for such meeting; but usually the administrator shall do all the paperwork. Where the president does not want to attend and/or chair the meeting called by the owners, then the meeting will be held under the chairmanship of the vice-president. Where there is no vice-president appointed, the Owners’ Committee could adopt resolutions in that meeting in which nobody is chairing
Courts are divided on this issue, some holding that it is not compulsory for owners to obtain a previous refusal from the president (Rulings of the Supreme Court 01-07-91, 29-12-92, 09-12-93 and 23-02-96) whereas others like Supreme Court 13-12-1993 Court of Appeal ruling in Alicante 13-04-2005 and CA ruling in Las Palmas 04-10-2004 hold that the quarter option may be exercised only if there is a previous request from the promoter owners; whether or not it is answered .

dunmovin

great. as the Aussies would say "Good on ya, mate" you seem to know this stuff