Can anyone tell me what is considered a reasonable time for the minutes of an AGM to be sent out to community members after the AGM?
George M wrote on Mon Nov 6, 2023 5:38pm:
Can anyone tell me what is considered a reasonable time for the minutes of an AGM to be sent out to community members after the AGM?
Ours were sent out around 2 weeks after the AGM.
Just received ours after 5 weeks but one item required a vote from all members, not just those attending the meeting. They had to wait for responses by email from those not able to attend.
Normally get them within 2 weeks.
Posted: Tue Nov 7, 2023 5:55pm
Super helpful member
I believe that you should get the minutes within 2 weeks after the AGM.
I send the AGM date of the 5 months before so my owners are give enough time to arrange travel, etc. The Agm invite and the accounts are sent out 2 weeks before and any owner can visit the Administrators to look at the full details, receipts, invoices etc.
One thing: If a full vote 100% of the ownership is required for certain things under the Spanish Horizontal property laws. only owners can vote, 1 named person from each house attending the meeting, if you cannot attend in person you must give a proxy vote to another owner or someone who is named and nominated to represent you at the meeting. which must be sent to the Administrators before the day of the meeting.
Email votes do not count, so if you cannot get a 100% vote it cannot be carried. Which sometimes makes it very difficult to change anything. Not everything demands a 100% vote, some issues can be carried by a simple majority. A change to the Communities Constitution must have a 100% vote. Things like spending money on a new project only needs a majority.
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Golandrina wrote on Tue Nov 7, 2023 5:55pm:
I believe that you should get the minutes within 2 weeks after the AGM.
Hi can you tell me if this is a legal requirement? We wait months for ours and it always elicits complaints but nothing changes.
Thanks
Julie
julietony wrote on Mon Nov 13, 2023 8:01am:
Hi can you tell me if this is a legal requirement? We wait months for ours and it always elicits complaints but nothing changes.
Thanks
Read more...
Julie
Hello
Ours can take many weeks to arrive by email. Those that go to the meeting, dont care anyway but I dont normally go because the meetings are in Spanish & Swedish......someone always gives me the important details before the minutes arrive.
Cheers
Elinspain
elinspain wrote on Mon Nov 13, 2023 9:34am:
Hello
Ours can take many weeks to arrive by email. Those that go to the meeting, dont care anyway but I dont normally go because the meetings are in Spanish & Swedish......someone always gives me the important details before the minutes arrive.
Read more...
Cheers
Elinspain
There is no reason why it can't be sent to you by email. Ours are always sent out to owners by email.I take it your Community is mainly Spanish and Swedish?
You need to know what the items are on the AGM agenda before the meeeting. You could use Google translate. The AGM minutes must be signed by the President and the Administrator who was at the meeting and is sent to the Notary as it is a legal document. They should also be sent to every owner.
Are you sure about this. We asked if the minutes have been registered which we thought had to be under an authority and was told no they are signed by the president and administrator and that goes into the minutes book. It goes no where we were told. I wondered as it says in HB law that they have to be signed and registered within 10 days of AGM. What does registered mean?
julietony wrote on Mon Nov 13, 2023 8:01am:
Hi can you tell me if this is a legal requirement? We wait months for ours and it always elicits complaints but nothing changes.
Thanks
Read more...
Julie
There is no legal time limit to issue the minutes. It is generally accepted that they should be issued within 2 weeks but there is no legal requirement. As said before, our last ones took 5 weeks as they were awaiting email responses on a vote that required a 100% agreement. With almost 200 properties on our community, it would be impossible for all owners to be able to attend the meeting in person and, whilst having a load online with Zoom, not everyone has that facility or the time to do so.
I also think that the community statutes and any amendments are notarised and registered with the land registrar but normal minutes are simply entered in the minutes book.
The minimum time for advising of an AGM is 3 days but our rules say 30 days to enable people to book flights and time off work if they so require. The last advice of the date was sent out 60 days before the meeting.
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