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Thread: Proxy Votes at AGMs

  1. #11
    Unregistered
    Guest

    Default Proxy vote

    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

  2. #12
    Rebby
    Guest

    Default Owner in debt

    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.

  3. #13
    Junior Member
    Join Date
    Feb 2013
    Posts
    2

    Default

    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.
    Last edited by bluefox; 02-04-2013 at 02:23 PM.

  4. #14
    Senior Member
    Join Date
    Oct 2008
    Posts
    312

    Default

    Quote Originally Posted by Rebby View Post
    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 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.
    Marta Flores
    Legal Assistant at Lawbird
    Check My Profile

  5. #15
    Junior Member
    Join Date
    Nov 2013
    Posts
    1

    Default

    Quote Originally Posted by Unregistered View Post
    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?
    I have exactly the same problem. Did you get any reply to this query?

  6. #16
    Junior Member
    Join Date
    Feb 2015
    Location
    Holland & Spain
    Posts
    1

    Default

    Quote Originally Posted by Unregistered View Post
    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?
    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

  7. #17
    Unregistered
    Guest

    Smile Limiting the proxy votes in a community meeting

    Quote Originally Posted by royleon View Post
    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
    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?

  8. #18
    Junior Member
    Join Date
    Mar 2015
    Posts
    1

    Default

    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?

  9. #19

    Default

    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,
    Patricia Martin
    Legal Assistant at Lawbird
    Check My Profile

  10. #20
    Unregistered
    Guest

    Default Appreciation

    Quote Originally Posted by Patricia View Post
    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,
    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

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