Proxy Votes for EGM

[Aubrey]

Can anyone tell me if the response from an Administrator to the question below is correct - thank you

Question to Administrator

Can you please confirm that the voting paper for the EGM will simply have the resolution on it along with a line for the name of the proxy holder, the three boxes to be ticked, yes, no or abstain and the owner's name, signature and apartment number?
This will ensure that should an owner give their proxy to a thirdparty, then that third party's vote is bound by the ticked box and the proxy holder has no discretion.
Can we also ask that a clear note be added at the foot of the voting paper to state that only voting papers with a ticked box will be counted.

Response from Administrator

According to Spanish law no voting papers of this kind are permitted in a meeting. The invitation to the meeting will include a normal Proxy form as usual. An owner who sends a representative to the meeting on his behalf can instruct this representative how to vote on his behalf and can write his decision on the agenda or proxy form. If an owner fully trusts his representative he does not need to give any instructions and can leave it up to his representative to decide how to vote. If the representative is not sure how to vote because e.g. new aspects have been raised, he can abstain on behalf of the owner he represents. If the owner is not happy with how his proxy voted on his behalf, this is a matter to be settled entirely between owner and designated proxy.
The votes will be counted as usual by show of hands or byname and the administrator will ask any representative how he votes on his own behalf (if he is also an owner) and how on behalf of the represented owner.

[Patricia]

Hello Aubrey,

There does not exist a specific format for proxys, and in lack of any specific instructions or indications on the Community Statutes, the usual procedure will apply, that is, the one that the administrator mentions, as it is a simple and easy way that speeds up the process and limits interpretation conflicts.

Your formula is much more rigorous and possibly fair but may limit the meetings working structure. However, and in lack of any specific regulations on the matter, you can agree and vote on it in a GM so your suggestion is implemented for future meetings in the Community, though it will only be in force if approved by the majority.

In the meantime, I recommend you that if you are unsure and not fully trust an appointed representative and how he/she will vote in your behalf, you avoid granting him/her proxy and make an effort to attend personally the meetings.

Best Regards,