It is quite common to take different agreements in the point of the agenda regarding “Any other business“ as this agreement are not included in other points of the agenda.
This practise would not be legal and the reason is that it would not be fair that people who decide not to go to the meeting because they do not really care the items that are suppose to be discussed according to the agenda, may be surprised with another agreements that were not expected to be taken.
The article 16,2 of the LPH establishes that:
“Meetings calls will made by the President and, in default, the meeting developers, by informing about the matters to be dealt, …”
We have the same regulation for general assemblies of companies, association, foundations, etc.
It is also important to mention that any owner is entitle to ask to the president to include in the agenda of the meeting that will be called any especific point, as it is said in the article 16,2 LPH:
“Any proprietor will be able to ask the Proprietors Board to study and give their opinion about any subject of interest for the community. He should send a writing for the President to that end, on which it is clearly specified the required subjects to be dealed and including them on the following Meeting agenda.”
From a legal point of view, decisions that are not specifically mentioned in the agenda could not be approved in the meeting. Something different could be those minor decisions that could be directly taken by the administrator but he wants to consult before to the General Assembly.
According to the article 20 of the LPH, among others, the administrator is able to take decisions about:
- a) Looking after the house good condition, their facilities and services, and making for this purpose the appropriate warnings and provisions to the owners.
- c) Assisting for the house conservation and entertainment, deciding repairs and urgent measures, reporting immediately the President about it, or, in its case, to the proprietors.
- d) Executing the determined agreements with regard to building works, making the payments and collecting due debts.
Should the agreement be in connection to some of this faculties, it would be possible to approve it in the point “ Any other business” because we may consider that the General Assembly is just ordering the administrator what to do.
On the contrary, when the decision has not been advised in the agenda for the meeting and can not be included in any of the previous faculties of the administrator, the agreement approved could be declared null and void by the court. Anyway, in practical terms, when the agreement is taken with the support of the majority of the community, it will be useless to take legal actions because the community can call for another meeting to ratify this agreement and it will remained approved by the Community.