WE are back with more letters and readers’ questions, and I have selected one (although I am replying privately to everyone).

Hello Mariano. Briefly, could a legal challenge be made which would overturn voting at successive AGMs which were carried through by votes that should not have been allowed due to Community debts of the owner voters? If so how, would we proceed?

 Kind regards, C

I have referred to this item in previous columns, in which I explained what happens with the agreements adopted in breach of Law of Statutes.

The Horizontal Division Law (according to the modification of 1999) states that the AGM agreements can be refutable before the Courts in the following cases:

*when they are contrary to the Law, or to the Statutes of the Community of owners.

*When they mean serious prejudice of community interests, to the benefit of one or several proprietors.

*When they mean a serious prejudice for any landlord who has not legal duty of suffering it or they have been determined with abuse of law.

It is necessary to bear in mind that owners able to object to the agreements are those ones who saved their vote at the meeting. The absent ones for any reason, and those who have been deprived of their vote unduly, will be legitimated for the objection to these agreements. To “save the vote” is an act by which the owner specifically says he does not agree with the item in order to revoke it.

The action will expire three months after the agreement, unless acts are contrary to the Law or to the Statutes. If so, the action will expire after a year.

For absent proprietors, this term will start from the agreement notice. The agreement is enforceable, in spite of the objection (unless the judge decides to suspend them provisionally).

It is also important that the meeting has a “quorum”. The vote of most of the owners, who represent most of the participation quotas, will be enough to make the other agreements valid.

In a second formal meeting, the agreements adopted by most of the attending proprietors will be valid, provided that it represent more than half of the value of their participation quotas (no quorum needed).

Mariano Zunino Siri is a lawyer, registered at the Tenerife Bar Association since 1991.

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Posted by on Jun 5 2015. Filed under Legal Matters. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

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