How much time does the administrator have to deliver the minutes of the meetings to the owners?

Regarding this point, article 19.3 of the Horizontal Property Law is the one that refers to it, by stating that the minutes must be closed with the signatures of the President and the Secretary-Administrator at the end of the meeting or within the following ten calendar days. From their closing, the agreements will be executive, unless the law provides otherwise. Although there is no law that defines exactly the delivery, nor punishment for it, adapting to what said article says, in a maximum of 10 days it should be sent to the owners.


Now what happens when the certificate has not been sent because the President or the Secretary-Administrator have not stamped their signature on it to make it reach the rest of the Owners?.


Enforceability, according to the rule that is being discussed, seems to be inclined not to take place until it is closed, that is, the agreements cannot be carried out as long as the minutes have not been completed. signed by the President and the secretary, but we must reject this interpretation, since then, as we indicated before, it would be left to these positions whether or not community decisions were carried out, with the possibility of paralyzing the necessary work, the spill of ordinary and extraordinary funds, the constitution of the reserve fund, the suppression or creation of services, and even urgent matters; in short, annul the resolutions of the Board.


On the other hand, it is necessary to maintain the position that the agreement is executive since it is adopted, that is, since it is decided at the meeting, a criterion that is based on art. 18, rule 4, but, above all, because the Assembly is sovereign in all its fullness and its decisions cannot be subject to the personal activity of the President and the Secretary.


There are many and diverse judgments in favor of the agreements being executive since they are adopted, among others, that of the AP Madrid, of 12/17/2018, AP Coruña of 12/16/2018, AP Orense 11/22 / 2013, etc.


It should be noted, however, that the Provincial Courts of Toledo, in Sentences of November 26, 2003 and of Cáceres of November 17, 2005, maintain a different position, of literal demand from the legal norm, reiterating a particular and well-founded criterion contrary to these resolutions for the reasons set out, in addition to the fact that they do not determine sanction to the cause of the situation, to the detriment of the rest of the Community.


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