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ofimart
07-08-2013, 09:14
Can someone please advise if a post dated cheque, (pagare dated for 2 months AFTER the AGM), constitutes payment in full to enable an owner to vote at an AGM. The administrator announced at the AGM that this debtor had paid in FULL his debt but was not recorded in the minutes nor was it said it was in 3 seperate payments, (the last one being 2 months after the AGM.) ! At the AGM his name which has been on the debtors list for years owing thousands of euros did not appear on the debtors list.

On the one hand it is good that a long outstanding debt will be settled but on the other hand should their vote be allowed to be counted as really they were not debt free on the actual date of the AGM. This administrator had this owners proxy vote which was not clarified or disclosed at the meeting and only now seen in our minutes .
This representation affected several key votes and the outcome of keeping the current administration in power and protects this owners interests on 2 more items on the agenda.
Our AGM was in June and it was only yesterday we received the minutes and list of current debtors. Already we noticed the said owner has once again stopped paying any further community fees and is back on the debtors list !

junglejim
07-08-2013, 09:31
I would have thought if his debt was not cleared at the time of the AGM then he would not be allowed to vote !You can still challenge the validity of these votes and threaten an EGM if you can get sufficient support .
One of the members on here @Rene should be able to give you good advice - PM him and see what his response is .
Here is a link to Hestria's English translation
Article 14 section 2 is what applies , I would suggest !

http://www.hestria.es/LPHE.pdf

Goldenmaniac
07-08-2013, 10:28
Although Pagare roughly translates as post dated cheque it has a very different meaning in Spain - the Pagare should be like money in the bank - a legal promisary note to pay (different format from a normal cheque).
Howeverand if the person issuing it were to renege then that has VERY serious consequences at their own bank, and they can be pursued through the courts (probably more easily than for non payment of back community fees which is what, I'm guessing) your admistrator took into account) In terms of purchases or in your case community fees for tax and legal purposes the amount is paid, but financing is deferred to the dates of the Pagare. A bit like finance on a car - you own the car but have set up a legal agreement to pay for it in installments.
However if they are back on the debtors list because the Pagare has not been honoured then you have grounds for an extra-ordinary meting to contest the votes, if they are back on the debtors list because these are new monthly debts then not for that meeting although of course the situation can be checked for the next one called.

ofimart
07-08-2013, 11:37
Thanks very much Diana for your clear explanantion. It is what I suspected to be honest but I will keep an eye to make sure this final pagre is paid as promised !

René
15-08-2013, 12:19
Can someone please advise if a post dated cheque, (pagare dated for 2 months AFTER the AGM), constitutes payment in full to enable an owner to vote at an AGM. The administrator announced at the AGM that this debtor had paid in FULL his debt but was not recorded in the minutes nor was it said it was in 3 seperate payments, (the last one being 2 months after the AGM.) ! At the AGM his name which has been on the debtors list for years owing thousands of euros did not appear on the debtors list.

On the one hand it is good that a long outstanding debt will be settled but on the other hand should their vote be allowed to be counted as really they were not debt free on the actual date of the AGM. This administrator had this owners proxy vote which was not clarified or disclosed at the meeting and only now seen in our minutes .
This representation affected several key votes and the outcome of keeping the current administration in power and protects this owners interests on 2 more items on the agenda.
Our AGM was in June and it was only yesterday we received the minutes and list of current debtors. Already we noticed the said owner has once again stopped paying any further community fees and is back on the debtors list !

the debtor needs to be up to date at the start of the meeting, not two months later. a pagare can not be accepted for this purpose. Only a guaranteed bank cheque dated before the meeting must be accepted.

I think that all administrators knows this, but it seems that it was in her own interest to accept this. Strange enough I am not surprised anymore about this kind of behavior.