Proxy Votes at AGMs

From reading the Law of Horizontal Property in both English and Spanish, I have understood that a proxy vote authorisation must contain the signature (not just the name) of the person handing over his/her proxy vote. Is this correct? I believe a scanned document containing the signature is acceptable.

In addition, am I entitled as a voting member of the AGM to ask to see all voting forms before the meeting starts?

Finally, have I the right to see the proxy voting forms for the previous year? I believe that I am entitled to see all Community records and assume voting forms are included in this?

Many thanks

Dear Madam,

We've been asked many queries this morning on proxy votes. Are you all related to each other?

As per art 15 of Spain's Commonhold Act proxy vote authorisations must be signed in a document. A scanned signature will not suffice. It must be a proper written signed authorisation (of which there are many freely available templates if you google them). i.e.

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D. ..... , con DNI ..........., como propietario de la vivienda sita en el piso 3-Izq de esta Comunidad de Vecinos, delego en Dª. ........ , con DNI ....... para que, en virtud de lo establecido en el artÃ*culo 15.1 de la Ley de Propiedad Horizontal, me represente en la Junta de Propietarios a celebrar el próximo dÃ*a 23/04/2010.

Y para que asÃ* conste, a los efectos oportunos, se firma la presente a 00/00/2010.

Firma


Firma

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As you can see it couldn't be simpler. The proxy will show this document to the Community president.

You are entitled to see all the votes at the start of an AGM or EGM. The communities administration (president, vice-president, secretary, committee members etc.) will tally the votes and see if there's an enough majority depending on what's on the agenda for a vote to be called on and if it's the first meeting or second meeting being called (1/3, 1/5 or unanimity).

But the above is normally unnecessary as the way it works out is that the president normally reads outloud the name and surname of the owner, his property (i.e. block 3, door seven) if he's up-to-date with the community fees and records their commonhold quota. The secretary/administrator records in his laptop normally in a spreadsheet all the above. All the quotas are then added to verify the neccessary majorities are reached. It's not exactly secret having access to this information.

On your last query you would have to ask your community administration for this odd petition.

You will find further information on this topic in my article:

Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain - 26th June 2009

Yours faithfully,
Raymundo LarraÃ*n Nesbitt

Raymundo

The example proxy form you provide states that you should provide proof of identity (DNI) for both the Owner and Voter - is this compulsory ? Would a passport Id./NIE do instead ?

Second - I assume that a proxy vote can only be valid for one, nominated Meeting on a specific date. Please confirm that you cannot have a "blanket" proxy vote - for example; I authorise XXXX to vote for me for ALL AGMs ....

Third - within an overall proxy vote our AGM wishes to provide the facility to provide individual votes for each Agenda proposal, to enable different votes for different things ? Is this permissable ?

Regards
Pat O'Connell

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Originally Posted by patoc

Raymundo

The example proxy form you provide states that you should provide proof of identity (DNI) for both the Owner and Voter - is this compulsory ? Would a passport Id./NIE do instead ?

Second - I assume that a proxy vote can only be valid for one, nominated Meeting on a specific date. Please confirm that you cannot have a "blanket" proxy vote - for example; I authorise XXXX to vote for me for ALL AGMs ....

Third - within an overall proxy vote our AGM wishes to provide the facility to provide individual votes for each Agenda proposal, to enable different votes for different things ? Is this permissable ?

Regards
Pat O'Connell

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Hi Pat,

No, the DNI included in my template is applicable only for Spanish citizens. A passport would suffice when it comes to a foreigner. The NIE number is really used to file and pay taxes in Spain, not as a valid form of Id. A NIE number means you are registered to pay taxes in Spain (it doesn't imply your are fiscal resident, of course).

In truth it should be for a specific AGM/EGM yes, not a blank cheque for all the following owner's meetings.

I don't quite undertsand your third query. Can you please elaborate more.

Yours faithfully,
Raymundo LarraÃ*n Nesbitt

Raymundo

Thanks for your reply. My third point is this. Let's say we have a forthcoming AGM agenda with 5 different proposals on it. Giving someone your proxy vote means that he/she will vote on all 5 proposals as he/she decides. Can you give someone your proxy vote and be more specific on each Agenda item, and state for example that I wish my proxy vote to be "yes" on Proposals 2,3,4, and "No" on proposals 1 and 5 ?

Patrick O'Connell

Hi Patrick,

Understood. Yes of course, it's normal.

Owners should always be sent in advance the proposed agenda. They can vest power on someone to act as a proxy who will then vote in strict accordance with his mandate.

Yours faithfully,

Raymundo

Thanks for making that clear

Pat O'Connell

You're welcome again. :)

Regards,

We are holding an EGM this week and wondered if the president, vice president and their wives were allowed to vote.

I have a flat in a block with many absent owners and the president of the comunidad holds lots of proxy votes, giving him a majority for any decisions. So what he wants, he gets. Is there any way to stop this? Under law Is there a maximum percentage any one person can hold in the form of proxies?

Hi,

Could you clarify please, i received an email from our president showing all the owners email addresess, i used these addresses to enquire if any owners not able to attend the agm would like me to be their proxy voter.

I have received an email back from the VP, saying do you have their permission as what you have done is advertise your services and I am sure you are aware that this could be against the date protection act.

Is this the case, communicating with fellow owners on an important topic classed as being against data protection. I have been in contact with these owners before on a number of occasions.

Regards

Is it legal to prevent an owner who has fallen behind in their community payments, the use of the complex facilities, ie the pools.
Thank you.

hello everyone, this is my first post, on the subject of proxy voting, am i right in thinking that a list of owner's name's on a single sheet cannot be used as proxy's for the advantage of the president & admin making them the sole decision maker's having the required percentage, is this illegal ? but rather they should be on individual proxy form's as said above, and signed, many thank's bf.

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Originally Posted by Rebby

Is it legal to prevent an owner who has fallen behind in their community payments, the use of the complex facilities, ie the pools.
Thank you.

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Hello Reby,

The only right which can be limited is the right to vote. Limiting the rest is not legal although sometimes done to put pressure.

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Originally Posted by Unregistered

I have a flat in a block with many absent owners and the president of the comunidad holds lots of proxy votes, giving him a majority for any decisions. So what he wants, he gets. Is there any way to stop this? Under law Is there a maximum percentage any one person can hold in the form of proxies?

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I have exactly the same problem. Did you get any reply to this query?

Quote:

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Originally Posted by Unregistered

I have a flat in a block with many absent owners and the president of the comunidad holds lots of proxy votes, giving him a majority for any decisions. So what he wants, he gets. Is there any way to stop this? Under law Is there a maximum percentage any one person can hold in the form of proxies?

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Hola,
I have just logged on and registered with your Forum. The reason being is that the above question was precisely what I wanted to ask.
However I cannot find a response from a Legal Beagle. Am I doing something wrong..?
We have precisely the same situation in our Urb. Personally I have no problem with it, as obviously all of the proxy senders have faith in his integrity, as do I. Needless to say there is a small noisy minority that claim that this is illegal. They want an Item on our AGM agenda that limits an owner to holding a maximum of 3 proxies. Their motive is clear, they think that this will limit the number of votes against their plans. Whereas 10 owners holding 3 proxies each against their plans, is the same as the president holding 30 votes.
I would very much appreciate an independent legal opinion.
Thank you in advance
Roy Leon

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Originally Posted by royleon

Hola,
I have just logged on and registered with your Forum. The reason being is that the above question was precisely what I wanted to ask.
However I cannot find a response from a Legal Beagle. Am I doing something wrong..?
We have precisely the same situation in our Urb. Personally I have no problem with it, as obviously all of the proxy senders have faith in his integrity, as do I. Needless to say there is a small noisy minority that claim that this is illegal. They want an Item on our AGM agenda that limits an owner to holding a maximum of 3 proxies. Their motive is clear, they think that this will limit the number of votes against their plans. Whereas 10 owners holding 3 proxies each against their plans, is the same as the president holding 30 votes.
I would very much appreciate an independent legal opinion.
Thank you in advance
Roy Leon

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Yes please I would like to know if it would be illegal to limit the amount of proxy votes a person holds - I mean could this be put into the community rules, and if it were, would it hold up in court if challenged?

Yes please I would like to know if it would be illegal to limit the amount of proxy votes a person holds - I mean could this be put into the community rules, and if it were, would it hold up in court if challenged?

Hello,

No, the amount of proxys cannot be restricted. And any decision taken in this direction in an AGM is totally void in the eyes of the Law,

The Law does not establish any limitation. Therefore, should 100 owners wish to grant proxy to the President or administrator or any other property owner in the CO or even to a third person alien to the CO; all those proxys would be valid.

Regards,

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Originally Posted by Patricia

Hello,

No, the amount of proxys cannot be restricted. And any decision taken in this direction in an AGM is totally void in the eyes of the Law,

The Law does not establish any limitation. Therefore, should 100 owners wish to grant proxy to the President or administrator or any other property owner in the CO or even to a third person alien to the CO; all those proxys would be valid.

Regards,

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Thank you Patricia for your reply. Happily, it was what I wanted to hear.
Apologies for the delayed appreciation, I have had a virus and lost my login and Bookmarks.
Gratefully
Roy Leon