Dear Mr Williams,

To call an EGM you need either 25% of the commonhold quota or else 25% of the owners backing it.

You will have to call it with a minimumn of two week's notice.

You can have the President removed and overrule, as clearly illegal, the decision to amend unanimity votes.

Spain Commonhold Act gives a great deal of liberty to communers to oversse their communities. But the red line is drawn on breaching it such as changing unanimity votes to a simple majority.

If the EGM fails then you will have to challenge this resolution at court hiring a lawyer.

Challenging the General Assembly’s resolutions

Section 18 rules on how assembly resolutions can be challenged at court.

This can be done on three accounts:

When such resolutions are contrary to Law or the Community Statutes;

On them being seriously detrimental to the interests of the community and benefit one or several unit owners.

When they are seriously detrimental to some unit owner who has no legal obligation to sustain such detriment or when they have been adopted in abuse of power.

There’s a deadline of just 3 months to challenge them after they were adopted or else a year if they are contrary to Law or the Community Statutes. Only owners who are up-to-date with their community fees may challenge community resolutions before a court. Alternatively they can lodge the owed amounts before the law court prior to litigating.

Yours faithfully,
Raymundo Larra*n Nesbitt