I tried to send a PM to another Forum Member (Patricia) on this subject, but being new to the Forum it won't let me until I reach 15 Posts (which I find an Odd Rule as we don't have it on a another Forum that I am a Moderator on). On to the question >

To obtain the necessary 50% + 1 number of owners to register as the sole official Letting Agency with the Tourist Board on our Complex, a sufficient number of owners signed up with a new Lettings Company a few years ago to allow them to do this. (The previous Lettings Company were not paying owners all their dues).
However in the small print (in Spanish) and which most people didn't notice, was the line that the Lettings Company could use the Votes of any owners registered with them who didn't send in their own individual votes at an AGM.

When this was spotted and pointed out the primary owner of the Lettings Company said she would have the sentance removed and would never use the clause, but at this years AGM this person did use the votes of everyone who had not sent in their own vote to try and get their own preferred candidate elected as President (a friend of the owners of of the Lettings Company who only stood from the floor at the AGM immediately prior to the vote and had kept quiet about doing so beforehand).

The vast majority of other owners at the AGM voted to re-elect the previous President, and were disgusted to say the least with the tactics of the Lettings Company and their friends. The vote ended up being very close, as the Lettings Company registered almost as many votes as everyone else in the room put together.
The individual with the most votes was a 3rd shareholder in the Lettings Company, and she was not even an owner, and didn't even live on the Complex, but registered over 50 proxy votes by using those of owners who were registered with them but had sent in a "blank" proxy form after (secretly) being contacted and asked to do so just prior to the AGM.

Many of the owners who sent in "blank" proxies, or didn't send in a vote where shocked when they found out afterwards what had happened, assuming that the only Candidate listed in the Nomination papers that went out beforehand (the existing President) would automatically get in (which was why they didn't bother voting).

Since what happened came to light a lot of owners have sent in a form "rescinding" the right of the Lettings Company to use their vote (the Tourist Board say it is not a requirement of them granting a License). The only way the existing President was able to get re-elected was by refusing to accept (legally) some of the proxy votes that the Lettings Company were trying use which were those that hadn't been sent in - just the authorisation on the original forms signed which were lodged at the Tourist Board but were not brought to the AGM.

It is this that the Lettings Company is now challenging (through the Courts) as if they had been able to use those votes, the results of all the votes that took place would have been totally different! If the Lettings Company also had control of the Community Committee (which is what they want) they would have enormous power and could dictate to owners how they Let (those that do) and what they charge owners amongst other things.

I would like to hear anyone else's opinion on the above, as they may have experienced something similar. Should I put the above as a question to a Lawyer for his/her opinion?

Legal advice is already being sought in defending the case brought about by the Lettings Company, and Legal advice was sought previously that said the President was quite entitled to refuse proxies where there was no sight of the form or a signature.

Sorry for the length of this post.

Regards