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Saturday, August 20, 2022
HomeLatest NewsRecord manipulation: can it be challenged if there is erroneous information?

Record manipulation: can it be challenged if there is erroneous information?

Date: August 20, 2022 Time: 04:50:04

Ask

I think in my community of neighbors they manipulated the content of the minutes because they didn’t reflect my vote against and it was a matter that required unanimity. Can I contest the protocol even if it turns out that I voted yes?

What the jurisprudence establishes in these cases is that in the first place securely request the correction of a possible “bug” when counting his vote and reflecting it in the protocol. In other words, it would be correct to first demand corrections to the protocol, since, as stated, in particular, in the decision of the provincial court of Las Palmas of July 19, 2016, “the protocols are of a declarative and non-constituent nature, but when signed under the signature of the Registrar The community has the presumptive meaning of the facts that are recorded, that is, the privileged “approbation” meaning, which must be destroyed.

If they ignore you, you may petition the court to correct a recordthe element of proof here is, of course, very important, although when you meet with a lot of neighbors, it does not seem difficult for you to prove what you voted for in the presence of everyone.

Please note that until this is clarified, you cannot dispute the agreement, as your claim cannot be granted if you, the meeting participant, are acting as a voter for it, since only owners have the right to challenge agreements who retained their vote at the Meeting, were absent for any reason and were illegally deprived of the right to vote. That is, an owner who would vote for the agreements does not have the right to challenge the agreement.

*Answer prepared by law firm Echeandia & Alevito: www.echeandia-alevito.com



Source: www.lainformacion.com

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