Can they cancel AGM?

Q.- The Pandemic prohibition of large gatherings has created many problems for communities and the AGM.  The HPL specifies that the AGM must be held at least once a year and indicates the agenda.

So our 2020 AGM was cancelled and we were asked to pay community fees based on a budget not agreed by the owners. We have now been asked by the President and Administrator to pay for 2021 the same as last year.

We have not received a budget for this year or accounts for the year 2020. There is no provision in the HPA for postal voting or online meetings. Is the community of owners the supreme authority?

R.P. (Costa del Sol)

A.- The community is not above the law but it must find a way to obtain operating funds.  Some communities have decided to mail out the agenda and the accounts and others have used emails and voting by email.

These are not “legal” but if no one protests the results will stand.  However, if the president and administrator simply take matters into their own hands with no attempt to consult or inform the members this can be challenged.

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