Can they get a quorum?

0
Spain property law community

Question - EWN I  have always thought that for an AGM, there has to be attendance of 51 per cent, including proxies. 

At our recent meeting we had only 25 per cent.  It was then announced, ‘Therefore, the majority required to pass resolutions is not met, due to absence of the remaining co- owners, despite being summoned legally.’

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Our problem is that there are very few permanent residents and never many visiting owners.  

C C (Costa Blanca)

 


Answer - EWNStandardly, the first announcement of the AGM gives the time and the place, and also notes that if there is not a quorum of voters present, the meeting will be held at ‘second calling’ half an hour after the first call. The law says that a quorum to pass resolutions is 51 per cent of the owners just as you point out. 

The law also says that, if this number of owners and proxies is not present at the first calling, a majority vote of the owners and proxies actually in attendance at the second calling, will suffice to pass resolutions. The absent owners have 30 days from receiving the minutes if they wish to protest the vote.


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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