LEGALLY SPEAKING: Can it be in the Minutes?

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LEGALLY SPEAKING: Is this really a rule? Photo: Shutterstock


QUESTION:

At our recent AGM I read out a statement about the tourist lettings by some owners that produce noise and upset for the rest of us full-time residents. I wanted this read into the Minutes of the meeting so I made sure to have it placed on the official Agenda for the meeting.

I made my statement in English, but we always hire an interpreter/translator for the AGM. I was dismayed when the Administrator told me that I should have announced before I spoke that I wanted this in the Minutes and now it was too late. Is this really a rule?

S D (Costa del Sol)

ANSWER:

It is not in the law. Maybe it is a house rule. First, the Minutes of the AGM legally need only include the points voted on in the meeting and the results. Other items can be included or not, at the discretion of the President. 

From time to time a member of the community will have a particular problem which he wants read into the Minutes. The President is within his rights to refuse. You can apply to amend the Minutes.

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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