This is my first post on this Forum - so not sure if I am using the right Forum Section.
Also, apologies if this or a similar question has been asked before.

My question relates to the Rules (Communidad Rules) that a Community can put in place for it's own protection and for owners to abide by.

At a recent EGM the vast majority of owners (we have over 300) voted to put in a place a new Rule that in essence says :-
“No current owner/shareholder in a major business on-site can put themselves up for Election as a Committee Member”.
The Rule was put forward to prevent a “conflict of interest” as we are an officially registered Tourist Complex, and the sole Lettings Company on site wanted control of the Community as well, ie. at least two of the three shareholders in the Lettings Company wanted to sit on Committee as well (as President and Vice-President if they could), as this would have given them enormous power.

The great majority of owners didn't want this – so voted in the new rule at an EGM last September. The predominant owner of the Lettings Company is now trying to get the EGM declared Null and Void, mainly so that the voting on the new Rule would then become invalid, and has issued a Court Summons to this effect, but the hearing has not yet taken place. The case this person is putting forward is that is against Human Rights Law to prevent someone standing for Committee for whatever reason.

as the Rule is not depriving anyone of putting themselves forward for Committee, just saying you have a choice – if you want to be on Committee – then relinquish your interest in the on-site business.

As it stands the Lettings Company can use the proxy votes of all owners who registered with them (50% + 1) if they don't vote themselves, and this is what they did at the latest AGM to try and oust the current Committee and vote themselves in instead. Most owners initially registered with the Lettings Company to allow them to get there 50%+ share some years ago, but the Company is now “high-jacking” the votes to give themselves a greater say – much to the disgust of the great majority of owners who attended the recent AGM. The right of the Lettings Company to use owners votes the way they have been is another issue which is currently being addressed in our Complex.

Apologies for the length of this post – but it is an important point – the Committee are already seeking advice from their own Lawyer, but a second or third opinion from anyone on here wouldn't go amiss.

Thankyou

Tdm