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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 14070
Experience:  Spanish Attorney
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If we send a petition to call an EGM does all residence need

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if we send a petition to call an EGM does all residence need to sign the petition or are house number ok.
JA: What state are you in? It matters because laws vary by location.
Customer: Alacant
JA: Has anything been filed or reported?
Customer: we sent the call to the president and administrator with over 30% of votes
JA: Anything else you want the Expert to know before I connect you?
Customer: no

Hi José M spanish atorney Now I will answer your question

Customer: replied 2 years ago.
if we send a petition to call an EGM does all residence need to sign the petition or are house number ok.

According to the artcicle 16 of the law the EGM could be reuiared to metting when asked for the president or 25 per cent of the propietors who must have 25 per cent of the shares of the building

The owner who ask for it must probe by sign that they want the metting

Customer: replied 2 years ago.
we sent the call to the president and administrator with over 30% of votes

Thats perfect and enought in order they go ahead for an ordinary metting

Now they have to make the metting in all cases

Customer: replied 2 years ago.
the administrator has sent an email to say the call for an EGM is not legal as all residents have not signed the petition
Customer: replied 2 years ago.
has threaten with legal action if it goes ahead

Yes of course We have to probe they ask for it and the way is sign it The administartor is right We have to probe that we say is true and the way is by sign it

Customer: replied 2 years ago.
this is what we recieved

No legal action he could do anyway

get the sign of the owner and send the call again

Customer: replied 2 years ago.
This is what they sentWe understand that the Assembly cannot be considered legal
convened for September 25 for several reasons:
-First, the call request is not signed by the
neighbors who say they want to summon it. Your personal data does not appear,
name, ID / NIE and housing they represent, the article being violated
16.1) L.P.H.
- The call has not been requested to the President as the
Article 16.1) L.P.H.
-The call has not been made well in advance, as it is
of a community with neighbors residing abroad is not enough
a call 4 days in advance, violating article 16.3)
L.P.H.
-No relation of owners who maintain debts with the
community and are deprived of the right to vote, breaking the
Article 16.2) L.P.H.
-The call has not been sent to all the owners of the
community, since the summoners do not have the addresses of all
community owners, violating the provisions of article 9 L.P.H.
For all the above, it must be reported in the sense that the
The aforementioned call does not conform to the HORIZONTAL PROPERTY LAW, for
what the agreements that can be adopted in it will be void and
ineffective and may be subject to legal challenge
Customer: replied 2 years ago.
they had 6 days notice. is it just the signature of the owner who sent the petition?

he knows the law, follow this legal requirmets and go ahead No discuss with him is neeeded he is right and he is using the law anyway

Customer: replied 2 years ago.
is it just the signature of the owner who sent the petition?
Customer: replied 2 years ago.
or all 30% of owners

Sure, but change date, sent it to the president also, sent it with 4 days in advance, put the personal data of the owner who ask for it and their sign, and let him know you have do it legally and thats will be all

You need the personal data and the sign of this 30 per cent

Customer: replied 2 years ago.
most of the owners live aboard as it is their holiday home so how do we get signatures?

With an email could be enought Read the law in english here

https://www.eyeonspain.com/spain-magazine/horizontal-laws.pdf

Send them an email and ask them to reply asking for the metting with a copy of the passort and the adresss and it will be valid

Customer: replied 2 years ago.
the meeting is tomorrow if we get all emails can the meeting still go ahead

This metting is nule You could go and ask for signs for another one but the one is tomorrow has no legal value at all You could use it to try to get names and sings for another one in 4 or more days but no more

Customer: replied 2 years ago.
thank you

Thank you I gently ask for a good rate of my service at the starts Thak you Have a good day

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