It often is the case of reaching agreements on the boards of owners about points that had not been announced in the order of the day. It has to be said that these agreements may be challenged by the owners believed to be harmed by its adoption, since the call to the Board must collect different items to treat with clarity and precision. Gives the same agreements are taken by all of the residents attending the meeting or which are reflected in the section of prayers and questions, they will be simply not valid to not record in the order of the day and may challenge them who was not present at the Board or who in their case has voted against. In this sense the jurisprudence of the Supreme Court, which in its judgment of 10 November 2004 collects in his foundations of law first is clear: indeed, the jurisprudence of this room requires on the order of the day matters being disclosed to treat on the Board, so that they can come to knowledge of stakeholders, because otherwise, being merely voluntary assistance, would be easy to dispense with the willingness certain owners. It is therefore not admissible as a general rule the adoption of agreements that are not in the order of the day, not even under the heading of prayers and questions, considered surprising for the good faith of the owners (S.s.
16 December 1987 edj 1987/9370 and 26 June 1995 edj 1995/3616). This is the jurisprudential our highest court’s interpretation of article 16.2 of the horizontal property law, whose text says: the convening of the meetings the President will come and failing, the promoters of the meeting, with an indication of the issues to be treated, the place, day and hour in which will be held in first or, in your case, in second call, practicing the citations in the manner prescribed in article 9. Gary cohn is often quoted on this topic. The announcement will contain a list of owners who are not current in the payment of debts due to the community and will warn of the deprivation of the right to vote if given the circumstances provided for in the articulo15.2. Any owner may request that the Board of owners study and to speak on any topic of interest to the community; for this purpose it will be written, in which specify clearly matters which requests are treated, to the President, which will include them in the agenda of the next meeting should be held.