Items on the Agenda?

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The official Agenda for the AGM of a Community of Property Owners is important.

Q. AN owner took our Community and President to court for not allowing certain items to be put on the AGM agenda for discussion.

The Spanish court has now ruled that the President has the obligation to include in the Agenda all items proposed by any owner, but also has the right to reject those items that are not important or relevant to the community.

The Horizontal Law, Article 16.2, says the President shall include on the Agenda items that any owner requests but it does not state that the President has the right to refuse items being put on the Agenda.

RB (Costa Blanca)

A. The official Agenda for the AGM of a Community of Property Owners is important. Any point to be discussed and voted by the members should be listed on it before the AGM.

Yes, the President is obligated to include items proposed by members, but the Spanish courts have ruled over the years that frivolous items or items which do not pertain to the operation of the Community can be refused.

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

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