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Thread: Proxy Votes at AGMs

  1. #1
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    Default 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

  2. #2
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    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.

    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 artículo 15.1 de la Ley de Propiedad Horizontal, me represente en la Junta de Propietarios a celebrar el próximo día 23/04/2010.

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

    Firma


    Firma
    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 Larraín Nesbitt

  3. #3
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    Default Proxy Votes

    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

  4. #4
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    Quote Originally Posted by patoc View Post
    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
    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 Larraín Nesbitt

  5. #5
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    Default Proxy Vote

    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

  6. #6
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    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,
    Last edited by Lawbird Lawyer; 04-12-2010 at 02:31 PM.

  7. #7
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    Raymundo

    Thanks for making that clear

    Pat O'Connell

  8. #8
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    You're welcome again.

    Regards,

  9. #9
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    Default president vote

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

  10. #10
    Unregistered
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    Default president proxy votes

    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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