Community AGM

[Captain Sensible]

Does anyone know if it is legal to hold a Community AGM on a public holiday?

Thanks.

[fifi]

Hi Captain, this is all I can find in the English translation of the Horizontal laws on the subject. There is no mention of Public holidays.http://www.alteanatura.net/index.php?option=com_content&view=article&id=46&Itemid=68

Section 16

1. The meeting of the general assembly shall be held at least once a year to approve the budget and the accounts, and in any other time the president sees fit or upon request of 25 percent of the unit owners or a number representing, at least, 25 percent of the assessment quotas.
2. The summons for the meeting shall be made by the president or, failing this, by the promoters of the meeting, and shall include the items to be dealt with, the place, day and time of the first call and, where applicable, of the second call. The summons shall be made in accordance with section 9. The summons for the meeting shall include a list of unit owners with outstanding debts payable to the community and advise of the deprivation of their voting rights where the case falls within the situation described in section 15.2. Any unit owner may request the meeting to examine and resolve on any matter whatsoever concerning the community. For this purpose, a letter should be sent to the president setting out clearly the items requested to be dealt with. The president shall include them in the agenda of the following meeting to be held. A meeting not called by the president may be legally held provided all unit owners are present and willing. Should a majority of the unit owners representing a majority of the assessment quotas not be present at the time of the first call, the meeting shall then be convened on second call with no quorum being required.

The meeting shall be held on second call at the place and on the date and time set forth in the first summons and may take place the same day at least half an hour later than the first call. Failing this, it shall be called again, in accordance with the requisites set forth in this section within eight natural days of the meeting not held. In this case, the notification of summons shall be at least three days in advance.

3. The annual general meeting shall be called with, at least, six days' notice and extraordinary meetings shall be called with sufficient time to inform all parties concerned.

The Spanish version may be more specific. http://www.comunidades.com/legislacion/comunidades/lph-ley-de-propiedad-horizontal

[Captain Sensible]

Thanks Fifi.  That's very similar to the info that I've found but it says nothing about meetings on a public holiday.

According to a Spanish friend, then it's not legal but I can't find anything to support it.

[fifi]

Hi Captain, (Google to the rescue again ) I dont know if the Companies act would apply in the case of Communities or not but there seems to be something there about not holding AGMs on Public holidays. It may or may not be the same in Spain?

Procedure for holding AGM
ourprofessionalteam.com/index.php?option=com...view...
[Schedule X of Companies Act, 1956]. ... Every AGM shall be called on a day, which is not a public holiday.

[Captain Sensible]

Thanks Fi.

I might just be common sense for a President not to call a meeting on a holiday