Can he withhold the minutes?

Our community consists of an aparthotel with 130 privately owned apartments.  Three quarters of these are in a letting pool, which is run as a hotel by our managing agent, who is also the community administrator.

Because of the conflict of interest and complicated money transfers, we agreed by a large majority at the AGM to split the residential community from the letting business. Our administrator disagreed so we called an EGM, which we won. We also had a notary and our lawyer attend.

Now the administrator will not give us the official minutes book, which we need to get the minutes registered. I have been told that we can’t proceed with a court case against him until the minutes have been registered. Can you advise?

L S (Costa Blanca)

The minutes are property of the community and the administrator is obliged to deliver them to the president.

If your administrator is a member of the official College of Property Administrators of your province, you can report him to the College. Any single member can go to court if he feels that his interests are harmed. Your situation is complex and you need good legal advice.

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