Are postal votes allowed?

Q.

Our Community sends out proxy forms with notation to tick boxes for or against the items on the Agenda for the Annual General Meeting. I have been informed that there is no law for the use of postal votes. To legalise Community rules, does it not need a unanimous vote and to be registered at the Property Registry? 

R P (Costa del Sol)


A.

The Law of Horizontal Property provides only two ways of voting at the AGM. The member can vote in person or he can auhorise another person to cast his vote by Proxy. This other person must attend the meeting. This means that postal or e-mail votes, even on the forms provided, are not ‘legal.’ Any member who feels that his interests have been harmed by the outcome of such a vote can protest to the Court and have the results annulled. For your second question, only those decisions changing the basic Constitution of the Community require a unanimous vote and re-registration. Most normal decisions require only a simple majority vote.


Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at [email protected], or call 952 667 090.

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David Searl

You and the law in spain Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at [email protected], or call 952 667 090.

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