How can they fix their AGM accounting?

Q.  When we had an AGM with our lawyers we asked for a detailed breakdown of the incoming monies, the same as the outgoing expenses. We were told this is against Spanish law. I asked other lawyers locally and they are not aware of such a law. In accounting, if you have only a total with no detail, then monies could be removed from income and no one would know.

Also, in your column in the EWN you said it is against the law for Postal ballots to be permitted at an AGM. Does this also include email contacts?

Our lawyers are trying to bring in a tick-box format for our next AGM instead of the usual sponsors system we have used in the past.

A. G. H. (Costa Blanca)

A. First, it is not lawyers who control your Community. It is the members’ vote at the AGM. The President and Administrator carry out the decisions made.

Second, indeed you should have a detailed breakdown of income as well as expenses. This is basic accounting.  You must make a motion and vote at the next AGM.  Make sure you get it on the official published Agenda well beforehand.

Third, good luck to your lawyers and their tick-box e-mails. I like the idea myself, but they will not be allowed.  It is not a “sponsor” system. It is a “proxy” when a person assigns someone else to vote for him. This is a Poder in Spanish.  It must be in writing.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at, or call 952 667 090.

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David Searl

You and the law in spain Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at, or call 952 667 090.