Can they use e-mail proxies?

Question - EWN I read your reply regarding proxy votes in the Euro Weekly of February 27.

When our community was formed it was agreed in our original statutes that a proxy can be sent by email.

This has been the case for the last six years. Surely, if the community statutes allow you to send a proxy by email, then this cannot be illegal.

C H (Costa del Sol)

Answer - EWNYou are quite right.  It is perfectly acceptable to send a proxy form by e-mail.

This form signed by you grants another person the right to cast your vote at the AGM. However, the proxy is not your vote. It authorises the holder to vote in your place. The person who holds it must cast the vote for it.

This meets the horizontal law requirement that voting at the AGM is by personal attendance or by proxy. The earlier EWN piece to which you refer pointed out that voting by e-mail does not meet this legal requirement. A vote is not the same as a proxy.

Even if the community agrees to accept e-mail votes and no problems arise, they are not really legal.

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

Author badge placeholder
Written by

David Searl

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