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atlantico
19-11-2011, 01:51
Basically, a friend, an ex President of her community, requested, in writing, that certain matters were to be included in the AGM. She heard nothing and then the agenda was released and no mention of any of the points she raised. What is the legal standing when a property owner/vice president requests matters to be discussed in an AGM but are ignored by the current administration ? Anyone know ? What are the normal procedures ?

Suej
19-11-2011, 12:08
Basically, a friend, an ex President of her community, requested, in writing, that certain matters were to be included in the AGM. She heard nothing and then the agenda was released and no mention of any of the points she raised. What is the legal standing when a property owner/vice president requests matters to be discussed in an AGM but are ignored by the current administration ? Anyone know ? What are the normal procedures ?

If she gets nowhere and the meeting is imminent then all she can do is bring up her issues under the item "Any other business"
Administrators are a law unto themselves.

alice in wonderland
19-11-2011, 13:31
If she gets nowhere and the meeting is imminent then all she can do is bring up her issues under the item "Any other business"
Administrators are a law unto themselves.
The conditions in the community's statutes dictate how the AGM's are run, yes administrators are a law unto themselves but only if the community allows them to be, they are employed and paid by the owners to MANAGE the community and as such should not be in a dictatorial role. The President has the power to do whatever he likes within the parameters of his duties, he is the one to approach if an owner requests something to be included in the agenda, he also has the power to reject those requests if he/she feels other matters are more important in which case an owner can then bring any issue to the floor in the (any other business section). Communication between owners is now vital to avoid the "mushroom syndrome" ie; kept in the dark and s---t on occaissionaly by an arrogant president or corruptive administration. Remember that the owners dictate by demacratic voting at the AGM how the community is run.By and large most communities are now well run but there are and always will be "bad apples", make sure the community you propose to be an owner in is well run cos you are stuck with it once you buy a property there. Jack.O

Added after 14 minutes:

My post was sent before i had finished. I was going to say that Jack.O explained the role of a president very well in another thread regarding community presidents, i now understand why there is frustration in the editing proccess.:mad: Alice in wonderland

golf birdie
19-11-2011, 13:53
if its not on the agenda no vote can be taken on that subject, as far as I know.

atlantico
19-11-2011, 15:54
in this instance, its the President refusing to add to the agenda, not administrators. My friend is VP, so does she have any legal right to access the agendas content ? She wants items put into the agenda so votes can be taken, but the President don't want votes to be taken (as he gets 'commission' from certain contractors)

warbey
19-11-2011, 20:28
This could then beco0me a vote of No Confidence in the Chair.
Other Owners should be approached and sounded out, I should think.
It doesnt matter what Position is held, rules are rules to be respected by all.

Loaded
19-11-2011, 20:53
Any written request to include items on the agenda must be put on the agenda.

atlantico
20-11-2011, 02:15
Any written request to include items on the agenda must be put on the agenda.

Is that an actual written law ?

Peterrayner
20-11-2011, 09:13
Is that an actual written law ?

IIRC its Horizontal Law

Added after 32 minutes:


IIRC its Horizontal Law

Article 16.2

" Any owner shall be able to ask the Community of Owners to consider and give their opinion on any matter of interest to the community. In that case the owner should write a letter to the PRESIDENT in which they clearly specify the subject

Added after 4 minutes:

Article 16.2

" Any owner shall be able to ask the Community of Owners to consider and give their opinion on any matter of interest to the community. In that case the owner should write a letter to the PRESIDENT in which they clearly specify the required subject(s) to be dealt with. The President will include them on the agenda of the next General Meeting of the Community of Owners."

Note it states the PRESIDENT and it state WILL INLUDE THEM.

Added after 5 minutes:

Here is a link to a proforma letter for such requests.

It might be necessary for it to be in Spanish to be fully legal (with an English translation if appropriate)

http://www.hestria.es/propuestas%20propietarios.pdf

Added after 4 minutes:

Note: it says dicuss. It might or might not need a vote to be taken depending on the subject matter.

If it involves finances or costs to the community or5 legal considerations it usually needs a majority vote to be taken but this can only take place if it is listed as an agenda item and not simply under Any Other Business.

atlantico
20-11-2011, 11:35
Thanks Peter, will pass info on.

Peterrayner
20-11-2011, 11:44
Thanks Peter, will pass info on.

You are welcome. In principle it is a clear and straightforward pprocedure.

From personal experience it is far from this and requires much insistance and vigilance to ensure the items requested are palced on the agenda.

It can depend very much on the attitude of the incumbent President and Adminisrators. It is best to shwo that you are aware of the Horizontal Law procedures and that they have a legal duty to comply with such.

Having said that it took me 2 years to get an item (Pool Heating) placed on the agenda for our AGM.