A.G.M. agenda.

[pigs-might-fly]

A group of owners on our urbanisation wish to propose the changing of our administrators, at our next A.G.M. in January.
Unfortunately our long serving and very hands-on, president is adamant that he will have no truck with the idea and is completely unwilling to co-operate, or discuss the matter, even to the extent of refusing to stand for president again if an alternative administrator is voted in.
In view of this, we need to be absolutely fireproof in the presenting of this motion for the formal, written, A.G.M. Agenda, in the correct manner, so that there can be no argument, either from him or our present administrators, that the proposal has not been properly submitted.
May I please have some advice as to how we go about submitting this proposal, so there are no loopholes?

[Jool]

I guess you have looked in the Bible - David´s book?

This seems very technical to me and clearly really important to you so can I suggest you consult with a firm of gestors or other Administrators, or even the Administrators you want to take over? These things are tricky.....

[Paula]

Electing the President will be an item on the AGM Agenda, that your current President sends out before the meeting. After electing the President it is normal to then vote in the administrators/commitee. If the Majority vote against the current adminstrators then that is it they go, though sounds like if that is the case you will also then have to elect a new President. They have always had to be voted in, in my experience, I'm not aware that the President can just appoint them without a vote.

The President can elect not to have administrators, it isn't law, but presumably your community is large enough to warrant them. Of course it makes sense that the President gets along with the administrators as it is he who will be having to work with them more than anyone else. Also even though they work for the "community" my experience is that they really tend to listen to the President more than the owners, so if you do not get what you want from the President it is unlikely you will get what you want from the Administrators

[fljordan]

Last paragraph of section 16 (2) provides
Any owner may request the Owners’ committee to examine and resolve any matter whatsoever which concerns the commonhold. For this purpose a request in writing should be sent to the president setting out clearly the items requested to be dealt with. The president shall then include them in the agenda of the following meeting
It is compulsory for the president to include any business demanded by owners if such a request has been made in writing and is clearly expressed. The motion must include a brief general description of the business to be transacted or discussed at the meeting.
In your case it would be enough to indicate in your proposal simply that you want to vote for a new administrator. You don’t need to justify your proposal at all.
The new administrator proposed must be present at the meeting in order to explain to every owner how he or she is going to hold the office

On the other hand if your president decided to resign he must hold the office until a new president is appointed

[DavidSearl]

FROM DAVID SEARL

FOR PIGS-MIGHT-FLY

And also with special thanks to fljordan for citing the law.

1. Is not your Administrator contracted from year to year, with each year's renewal of contract being voted at the AGM? This is a very frequent practice and it would make your situation much easier.

2. I suggest that, when you notify the President of your group's desire, as noted by fljordan, to discuss non-renewal of the present Administrator's contract, you do so by Burofax. This is a registered delivery from the Post Office and it qualifies in court as full and sufficient legal notification. Then, if your President refuses to put it on the Agenda, you have evidence to back a court proceeding against him.

3. If your President is hostile to the idea, he will not permit a new candidate for Administrator to attend the meeting, because this candidate is not a member of the Community. If possible, it is a good idea.

4. Remember that a Community is politics at its worst. Perhaps you want to prepare a case against the present Administrator and in favour of a new one and circularise the members beforehand. You will need to assemble your Votes in order to carry the day.

5. There is no law that requires the AGM to limit itself to only those issues which appear on the Agenda. "Any other business" may offer an opportunity as well. It is true that a hostile President will insist on the Agenda and only the Agenda, but he has no legal ground for this in fact.

Good luck with it, David Searl

[pigs-might-fly]

My thanks to all who have replied with such useful information.

[fljordan]

Dear David

With all my respects I have to correct your reference to the issue of ‘any other business'

The Supreme Court has declared the nullity of those resolutions passed hidden in the ‘question time’ or ‘any other business’ at the end of the meeting because business can be transacted only if details of it are included in the notice calling the meeting. (Ruling of 18th September 2006 and 10th November-2004). Other lower courts took the same approach (Court of Appeal of Asturias Gijón 13th May 2009 and Court of Appeal Madrid 6th-February 2009 among many others)

On the other hand, regarding a president who does not permit the attendance of a new administrator, the president of the Court of Appeal of Alicante has declared:
“in order to prohibit the attendance of a prospective administrator it is necessary to include a first item on the agenda in which such decision has to be put to the vote. For the approval of the attendance or not of the other administrator a simple majority would be required”
That means that in the motion it would be necessary to indicate that the new candidate is going to attend the meeting

I hope this is of some use to you

[pigs-might-fly]

Excellent, thank you.

[DavidSearl]

FROM DAVID SEARL

FOR PIGS-MIGHT-FLY AND FLJORDAN

Well, there you have it, Pigs-might-fly. I stand in respectful awe and admiration for fljordan and his thorough research. Thank you.

Best Regards, David Searl