As\nyou all may know, the minutes of the General Assemblies should be written in an\nofficial book, properly registered, but not many people are aware that in these\nminutes there is no need to include all the comments of the people in the\nmeeting, or the letters or documents someone wants the administrator to include\nin the minutes. <\/p>\n\n\n\n
In\nfact the minutes are just to reflect the proposals that, according to the\nagenda of the meeting, have been passed or rejected by the General Assembly,\nspecifying how this agreement has been taken.<\/p>\n\n\n\n
The\nHorizontal Property Law establishes in its clause 19.2 that:<\/p>\n\n\n\n
2.\nMinutes from each meeting should express, at least, the following\ncircumstances: <\/em><\/p>\n\n\n\n a)\nDate and holding place. <\/em><\/p>\n\n\n\n b)\nWho has called the meeting and, in its case, proprietors who have promoted\nit. <\/em><\/p>\n\n\n\n c)\nIts ordinary or extraordinary character and the information about its holding\nin first or second call. <\/em><\/p>\n\n\n\n d)\nAttendants\u2019 list and their respective positions, as well as represented\nproprietors, with indication, in any case, of their participation quotas. <\/em><\/p>\n\n\n\n e)\nAgenda of the meeting. <\/em><\/p>\n\n\n\n f) The\nagreements taken, with a list of the names from proprietors who had voted for\nand against them, as well as participation quotas which they respectively\nrepresent, provided it were relevant for the validity of the agreement. <\/em><\/p>\n\n\n\n Apart\nfrom these circumstances, the administrator is not obliged to write down in the\nminutes anything else, though it is quite normal for the administrator to\nmention the main comments that has lead to the final decision as a way to make\neverybody to understand more precisely what have been approved or rejected.<\/p>\n\n\n\n However,\nit would not be normal to relate the whole comments expressed in the meeting by\nthe attendants or to include in the minute the emails or letters that some of\nthe owner who do not go to the meeting send previously to the administration\nasking for its inclusion in the minute. <\/p>\n\n\n\n Should\nyou record everything in the minutes, quite probably its extension would be\nenormous and you would need a minute book for every meeting, which is not the\nidea of the minute. <\/p>\n\n\n\n Some\nattendant can ask for authorization or propose to the president to record the\nmeeting and this could be valid in future supposing there is a court case to\nresolve a refutation of any agreement passed, but this record would be apart\nfrom the minute. <\/p>\n\n\n\n Sometimes an owner wants a notary to\ntake the minutes of the meeting and the meeting can authorize the notary to be\nin to take notes, but the official minutes of the meeting will be the one signed\nby the administrator and the president. <\/p>\n\n\n\n According\nto the HPL the minutes should be signed by the president and the administrator\nwho are holding these post at the beginning of the meeting ( no matter if any\nor both of them are removed in this meeting and it is named another one).<\/p>\n\n\n\n In\nthe point n\u00ba 3 of the previously said article 19 of the HPL it is mentioned\nthat:<\/p>\n\n\n\n \u201c Minutes\ndefects or mistakes will be amended if it expresses unequivocally the date and\nholding place, the attending proprietors, present or represented, and\ndetermined agreements, with indication of for and against votes, as well as the\nparticipation quotas they respectively hold, and it is signed by the President\nand the Secretary. This correction should be made before the following meeting\nwhen the correction will be ratified.\u201d <\/em><\/p>\n\n\n\n Anyway,\nit is always advisable to propose for approval in the following meeting of the\ncommunity the minutes of the previous one so that the owner could have the\npossibility to amend whatever.<\/p>\n","protected":false},"excerpt":{"rendered":"