Dissidents in your Community of Owners :) !

[mariadecastro]

Before the absence of much activity and participation this weekend in the forum I decided to start a post myself ( never before) .I am at the moment inmersed in the translation of many aspects of the Law of Horizontal Property. Once it is finished I will post it in here but… in the meantime, if any of you have any questions regarding this law and its dinamics in reality, please do not hesitate to contact me if needed.

By expample, as an apetizer or ” tapa”: Did you know that a sufficient quorum can hold a Meeting of Owners and take valid and legal decissions without the convoking of the President? For those of you… disidents of the governing bodies of your communities!! 🙂

Have a nice Sunday.

Maria

[Anonymous]

@mariadecastro wrote:

Before the absence of much activity and participation this weekend in the forum I decided to start a post myself

Doesn’t seem to have been working all day? Can’t post anything

[Anonymous]

Hi Maria,
what is a sufficient qouram ? in terms of number of people present/proxy or area by M2 ?

If, I want to call a meeting. Can I do it ?, what sholud be the venue, how do I invite other owners ? will leaving a date of meeting/Agenda in their letter box is suffecient ?

How does one ties up the practical isuues with the legal in this instance ?

[mariadecastro]

Please find my answers belo win green

shakeel wrote:

Hi Maria,
what is a sufficient qouram ? According to provision 16.3 of the Horizontal Property Act all the owners need to be present and decide it. in terms of number of people present/proxy or area by M2 ?

If, I want to call a meeting. For the calling of a meeting is needed the 25% of the owners or the representantives of the 25% of the shares of the community.Can I do it ?, What you are entitled to do as an individual owner is to include a topic in the agenda for the next ordinary or extraordinary meeting ( provision 16.2 2º paragraph) what sholud be the venue, how do I invite other owners ? will leaving a date of meeting/Agenda in their letter box is suffecient ? To include a obligatory be listed in the topics to be discussed in the Announcement of the GM.
How does one ties up the practical isuues with the legal in this instance ? Make a good proposal to be discussed in the next general meeting and you will be actually leading the discussion of anything you consider of interest for the community. I donñt know if I am answering your question or not??[/quote]

[katy]

Hi Maria, our urbanisation consists of just villas in plots ranging from 1000-3000 sm2 plots. (There are no community facilities its just fees for lighting, security etc.) There has been a lot of contention over the way the cuotas were revised and for each the last 3 years the president and most of the junta have resigned at the AGM. I would say that approx 45% of the community are spanish and the rest mainly scandinavians, German and English (oh and the odd Russian!) It has always been a well run community and the administrator is very efficient.

The meeting is conducted in spanish with a translation into English and German. This year it was in spanish only and many english, germans etc. walked out. A german offered to do a translation into german and english but he only summarised what was being discussed. I speak spanish so I could follow it but my husband left half way as he said he “was lost with the translation” Hope I’m not boring you 🙄 So, my question is…Is there any rule that says an official translator should be present ❓

[Anonymous]

Hi Maria,
My reply in block capital

Hi Maria,
what is a sufficient qouram ? According to provision 16.3 of the Horizontal Property Act all the owners need to be present and decide it. in terms of number of people present/proxy or area by M2 ?

THIS NEVER HAPPENS WE WILL BE LUCKY TO HAVE 25% PRESENT

If, I want to call a meeting. For the calling of a meeting is needed the 25% of the owners or the representantives of the 25% of the shares of the community.Can I do it ?,

IF ONLY 25% OWNERS COULD GET INVOLVED IN THE RUNNING OF THE COMMUNITY THERE WILL BE VERY FEW PROBLEMS. CAN ONE OR TWO UNSATISFIED RESIDENTS/OWNERS CALL THIS MEETING ?

What you are entitled to do as an individual owner is to include a topic in the agenda for the next ordinary or extraordinary meeting ( provision 16.2 2º paragraph) what sholud be the venue, how do I invite other owners ? will leaving a date of meeting/Agenda in their letter box is suffecient ? To include a obligatory be listed in the topics to be discussed in the Announcement of the GM.
How does one ties up the practical isuues with the legal in this instance ? Make a good proposal to be discussed in the next general meeting and you will be actually leading the discussion of anything you consider of interest for the community.

I UNDERSTAND YOU CAN ADD THE TOPIC IN THE NEXT GENERAL MEETING WHICH WILL TAKE PLACE A YEARS TIME. WHAT ABOUT IF YOU HAVE TO CALL A MEETING DURING THE YEAR ?

I donñt know if I am answering your question or not??[/quote]
_________________
Maria Luisa de Castro
http://www.costaluzlawyers.es

[Author]

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