By David Searl • Published: 26 Mar 2021 • 11:09
Q.- Our bowls club has split into two parts. The original club, by majority vote, has moved to new premises, taking with them all the club funds that amount to €25,000, all the equipment and all the assets. This was agreed by an email voting system at our AGM in October 2020.
1) Is it or is it not Legal to use an email voting system for an AGM in the case of sports clubs?
2) Do Members who voted against the move have a right to any of the funds taken away?
3) Can those who carried out an illegal AGM voting system be sued for any part of the money taken?
4) In our Constitution it states that two-thirds of “Members Present” are required to amend our Constitution. The vote carried but was five per cent short of two-thirds.
T.J. (Costa Blanca)
A.- Voting by email is not “legal”. However, those who lost the illegal election have little claim on the winners of it. Perhaps you can impugn the results of the entire meeting. I urge you to consult a local lawyer who is versed in association legalities.
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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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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