Community fees / budget

Information and questions about the Law in Spain and Andalucia.
Nerjaboy
Andalucia.com Amigo
Posts: 53
Joined: Sun Feb 06, 2005 6:27 pm
Location: Nerja

Community fees / budget

Postby Nerjaboy » Wed Mar 31, 2010 4:51 pm

I hope someone can tell me if the situation at my community was correct in the legal process.

Agenda for community AGM and proposed budget sent out to all homeowners. At AGM accounts and revised proposed budget distributed to a few homeowners (not enough copies).
Vote taken and new budget agreed without any comment being made the budget had been revised, so those in the dark voted in favour.

Minutes of the AGM distributed saying increased budget / community fees agreed to by vote. Also minutes missing key factual points of matters raised and discussed.

I sent a letter to the community President asking if the manner in which the budget was increased was appropriate (nice way of saying legal) and also suggested the minutes should be redistributed with the ommissions.
Response was polite but bottom line was told to mind my own business.

I know morally this is wrong but can this be done legally and am I allowed to make comments in the official book of minutes held by the administrator?

Many thanks for your guidance on this.

beachbabe
Resident
Posts: 318
Joined: Wed Oct 17, 2007 6:47 pm

Re: Community fees / budget

Postby beachbabe » Fri Apr 02, 2010 7:15 pm

Don't fully understand your sentence structure so here are the options:

1. Proposed budget distributed prior to meeting. That budget voted on in meeting and passed. OK

2. Proposed budget distributed prior to meeting. That budget amended or changed at the meeting, voted on in meeting and passed. OK

3. Proposed budget distributed prior to meeting. That budget voted on in meeting and passed. Subsequent minutes distributed and budget differs from that voted on. Illegal. Contact other attendees and complain to your administrator.

I think, based on our last meeting...

Nerjaboy
Andalucia.com Amigo
Posts: 53
Joined: Sun Feb 06, 2005 6:27 pm
Location: Nerja

Re: Community fees / budget

Postby Nerjaboy » Sat Apr 03, 2010 11:34 am

Option 2 is sort of what happened.

Proposed budget distributed. AGM full accounts were available (not enough copies) with this an amended proposed budget was included.

Vote taken on proposed budget and agreed. But no mention of the change to the proposed budget prior to the vote.

Have already gone to the administrator, voiced concerns about this and the fact distributed minutes had many material points raised missed off. I was referred to the President who effectively told me to get lost.
I would stand against the current president but I don't have enough time and all others who attended community agm agree he is wrong person but don't want to stand against him.
I am trying to establish what he did is legal or not so I can distribute a letter to other homeowners and stimulate discussion at the next AGM. Of a community of 104 household only 60 either attended or gave a proxy vote, so if I can engage those that don't bother hopefully they will take more interest and some one else will step forward.

ashtondav
Resident
Posts: 1776
Joined: Mon Feb 07, 2005 8:10 pm
Location: Northampton Frigiliana/Nerja

Re: Community fees / budget

Postby ashtondav » Sat Apr 03, 2010 12:39 pm

The budget was legal, if it was discussed, amended and voted in at the meeting by the attendees and the proxies.

The inaccurate minutes are illegal. But you need the majority of those at the meeting to complain/amend.

Your attendance ratio is high. Not unusual to have 90% of non attendees not send in proxies.

If you get sufficient support you could call an EGM and unseat the president.


Who is online

Users browsing this forum: Majestic-12 [Bot] and 13 guests