José Luis Navarro
Community
Law Corner:
Article 16
Any other Business
By José Luis Navarro www.intercala.com
The Solicitor and Property Administrator for Intercala Administration
and
Pete Woodall (Woody's Los Boliches)
This article first appeared in the Euro Weekly News, Costa del Sol Edition, September 2012
It is sometimes the case that owners are ambushed at a general meeting
during that one item on the agenda A.O.B - any other business.
It happens when an owner or group of owners seeks to introduce and pass an issue that has not been previously published as part of a forthcoming general meeting. Even if the subject is introduced without devious intention this is still illegal and quite unfair but unfortunately sometimes the case.
Owners have the right to know in advance about the contents to be considered in a general meeting. Should there be an issue that is of interest to them then they can decide whether or not to attend or send a proxy vote. This is known as the agenda. The agenda must be sent out along with the notification of the meeting to all owners. In the case of the annual general meeting, this must be a minimum of 6 days before the meeting is held. For all other meetings, although there is no fixed minimum, notification should be made with as much advanced warning as possible so as to allow owners a reasonable opportunity to respond accordingly.
Any owner has the right, under article 16:2 of the Law of Horizontal Property, to have an issue included properly in a general meeting and placed on the agenda for discussion. To be done correctly this should sent in writing to the community president. From a legal point of view, items not specifically itemized on the agenda should not be voted on and certainly not smuggled in as, any other business.
Any other business, is reserved for smaller decisions and proposals or minor issues that the administrator would like to clear with the community before proceeding or vice versa. The administrators remit covers, urgent repairs, maintenance, paying bills, collecting debts and other issues of a similar nature.
Consequently if something comes up that has not been included on the agenda nor does it belong to the area of responsibility covered by the duties of the administrator then any decision, passed or denied at a meeting would be deemed null and void by a court.
However, should the decision have been made by a majority of owners then it would be pointless for an owner to contest it in court. The community would convene a second meeting with the issue included on the agenda and ratify the original decision. It should be strongly noted, if it did go to court and regardless of the outcome, the legal costs incurred for both sides would have to be paid. Alternatively if a court action was started, even if the communities decision was ratified properly at a second meeting, a judge may find that that was not relevant to the original complaint and make the community pay the legal costs of the owner who made the complaint.
To conclude it is better for all parties during the discussion on “any other business” not to introduce a surprise item that was not properly listed on the agenda before hand, as all owners in any community have a legal right to be informed about what is going on in their community.
As usual,
We at Intercala Administration strongly suggest you always seek proper and competent advice in all matters regarding the law.
Any other Business
By José Luis Navarro www.intercala.com
The Solicitor and Property Administrator for Intercala Administration
and
Pete Woodall (Woody's Los Boliches)
This article first appeared in the Euro Weekly News, Costa del Sol Edition, September 2012
It is sometimes the case that owners are ambushed at a general meeting
during that one item on the agenda A.O.B - any other business.
It happens when an owner or group of owners seeks to introduce and pass an issue that has not been previously published as part of a forthcoming general meeting. Even if the subject is introduced without devious intention this is still illegal and quite unfair but unfortunately sometimes the case.
Owners have the right to know in advance about the contents to be considered in a general meeting. Should there be an issue that is of interest to them then they can decide whether or not to attend or send a proxy vote. This is known as the agenda. The agenda must be sent out along with the notification of the meeting to all owners. In the case of the annual general meeting, this must be a minimum of 6 days before the meeting is held. For all other meetings, although there is no fixed minimum, notification should be made with as much advanced warning as possible so as to allow owners a reasonable opportunity to respond accordingly.
Any owner has the right, under article 16:2 of the Law of Horizontal Property, to have an issue included properly in a general meeting and placed on the agenda for discussion. To be done correctly this should sent in writing to the community president. From a legal point of view, items not specifically itemized on the agenda should not be voted on and certainly not smuggled in as, any other business.
Any other business, is reserved for smaller decisions and proposals or minor issues that the administrator would like to clear with the community before proceeding or vice versa. The administrators remit covers, urgent repairs, maintenance, paying bills, collecting debts and other issues of a similar nature.
Consequently if something comes up that has not been included on the agenda nor does it belong to the area of responsibility covered by the duties of the administrator then any decision, passed or denied at a meeting would be deemed null and void by a court.
However, should the decision have been made by a majority of owners then it would be pointless for an owner to contest it in court. The community would convene a second meeting with the issue included on the agenda and ratify the original decision. It should be strongly noted, if it did go to court and regardless of the outcome, the legal costs incurred for both sides would have to be paid. Alternatively if a court action was started, even if the communities decision was ratified properly at a second meeting, a judge may find that that was not relevant to the original complaint and make the community pay the legal costs of the owner who made the complaint.
To conclude it is better for all parties during the discussion on “any other business” not to introduce a surprise item that was not properly listed on the agenda before hand, as all owners in any community have a legal right to be informed about what is going on in their community.
As usual,
We at Intercala Administration strongly suggest you always seek proper and competent advice in all matters regarding the law.
