Can the President act on his own?


Q. At our AGM in 2014, an item on the agenda was eventually withdrawn by the President after a debate in which every speaker opposed his plan. Now in 2015, this item from the 2014 agenda item has been implemented. Other than a health or safety issue, is this in order? Should there have been an Extraordinary General Meeting to discuss the merits of the issue again?

RD (Mallorca)

A. As you describe it, the item was discussed but never voted. This means the President was never authorised to put the measure into effect, especially if it requires the spending of Community money. Yes, the proper procedure now is to call an EGM to discuss the plan and to vote on it. In fact, the proper procedure would have been to vote on the issue at the time rather than dropping it. Unless there is some specific information missing, it seems the President acted improperly. Note also any member present at the meeting can call for a vote on the issue at hand when he feels that further discussion is not helpful.


Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at [email protected], or call 952 667 090.


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