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Can only Agenda items be voted?

By David Searl • Published: 27 Nov 2017 • 17:55

Q.
Is it correct that Spanish community AGMs do not have an official section for Any Other Business, that they have instead a sort of Questions period at the end of the meeting? Is it correct that anything in this section is not an Agenda item, and so cannot be the subject of a proposal, resolution or vote? Items must be on the Agenda to be voted in the meeting? Can items not on the Agenda be put in the Minutes?
A.

Article 19 of the Law of Horizontal Property regulates the official Book of Minutes. The minutes must give the time and place of the AGM. They should list the names of all in attendance or by proxy, with their cuotas, and it must contain the Agenda. The book must record the results of the votes on Agenda items and it may need to list the names and cuotas of those who voted for or against a proposal. Any other matters can certainly be recorded in the Minutes, but it is not a legal requirement.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.

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David Searl

You and the law in spain Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.

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