AGM's

[wflem007]

Great site which I have just discovered. Best wishes.

We have our 4th AGM coming up, and the first that "normal" Owners have been organised on.

There is only a 30% sold rate, the other 70% still held by the developer.

I have a couple of questions regarding the AGM :

1. Our apartment is in my wife's sole name.
Does this preclude me, as her husband, from standing to our Management Board ?

2. The Urbanisation is largely British/Irish but we have all nationalities. The common feature is almost everybody speaks English.
Can we vote on having the AGM held only in English as it would cut the meeting length dramatically. The last AGM was several hours long.

Many thanks

[Lawbird Lawyer]

Great site which I have just discovered. Best wishes.

We have our 4th AGM coming up, and the first that "normal" Owners have been organised on.

There is only a 30% sold rate, the other 70% still held by the developer.

I have a couple of questions regarding the AGM :

1. Our apartment is in my wife's sole name.
Does this preclude me, as her husband, from standing to our Management Board ?

2. The Urbanisation is largely British/Irish but we have all nationalities. The common feature is almost everybody speaks English.
Can we vote on having the AGM held only in English as it would cut the meeting length dramatically. The last AGM was several hours long.

Many thanks

Dear Sir,

Thank you.

In reply to both of your queries the answer is no.

Art 13 of the Commonhold law stipulates that both President and Vicepresident have to be chosen amongst the communers. As you don't own property in the Community you are not legally eligible for either post. For the roles of Administrator and Secretary any person may be eligible providing they have the necessary legal qualifications.

You cannot discriminate Spanish owners even if there's only one. The AGM's and EGM's will have to be both in Spanish and in English, sorry.

[wflem007]

Thanks Lawbird for your quick reply.

Just to clarify :

1. I can stand for election to the Management Board ?

2. but not as President or Vice President

3. but as Secretary or Administrator if I had the qualifications ?

4. otherwise I would be a "vocal" ? (a normal member)

Can my wife, as sole owner of the apartment, transfer or assign any rights to me to act on her behalf ? (not proxy)

Many thanks

[Lawbird Lawyer]

Thanks Lawbird for your quick reply.

Just to clarify :

1. I can stand for election to the Management Board ?

2. but not as President or Vice President

3. but as Secretary or Administrator if I had the qualifications ?

4. otherwise I would be a "vocal" ? (a normal member)

Can my wife, as sole owner of the apartment, transfer or assign any rights to me to act on her behalf ? (not proxy)

Many thanks

Dear Sir,

I honestly believe the above reply is self-explanatory.

If you meet the legal requirements to take the role of a secretary or administrator you may be eligible regardless if you are an owner or not.

Your wife may assign you the right to vote in an AGM on her behalf acting as proxy, yes. You at no time are an owner of property following your own words.

You're welcome.

[wflem007]

Thanks Lawbird, think I've got that. I think.

I wasn't trying to be awkward, I just needed to fully understand that I could stand for election to the Management Board.

[Lawbird Lawyer]

Thanks Lawbird, think I've got that. I think.

I wasn't trying to be awkward, I just needed to fully understand that I could stand for election to the Management Board.

You mean that you can't stand for election unless its for a secretary or administrator role.

Perhaps you are lucky and your fellow communers just ignore the law and let you be eligible for President or Vicepresident regardless. However I must warn you that as long as one of them is in disagreement (and commonhold's second nature are disputes) then you would be barred I'm afraid because the law would be on their side.

Regards,

[wflem007]

Lawbird, lets start again, this time from the other direction :

My wife is the owner of our apartment, and, as her husband, I cannot stand for election to the Community Management Board. Is this correct ?

There is no intention to stand for President or Vice President - in my view these are best served by full time residents.

Regards