Can they call AGM?

Q.- We are a community of 90 mixed houses and apartments. Our problem is that we have not had an AGM for more than two years. Our president lives outside Spain and spends only short periods in his property here. He refuses to contact the elected committee members and spends the community funds without any control.

He passes orders by telephone or e-mail solely to the administrator. We wish to elect a new president, but the present president refuses to hold an AGM by referring to Corona pandemic rules. Most of our members reside in the UK. Previous AGMs were hardly attended in person by more than 15 to 20 owners, which means that the government rules of keeping distance could easily be observed.

D K (Costa del Sol)

A.- The first point is that rules for community AGMs have been relaxed. Meetings can be held by Internet Zoom or other electronic means. In order to call the AGM you will need to enlist 25 per cent of the owners. You must prepare a detailed agenda ahead of time, and then you can call the meeting without even asking the president.

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