Proxy voting at the AGM or EGM

Posted by	Messages (sorted from oldest to newest)
Sunday, August 31, 2008 jturner Parcela I've made 27 posts Send private message to jturner	If a person attends an EGM or AGM on behalf of an owner and has a signed authorization/proxy vote my questions are the following:- Can a non owner discuss community business on the agenda and influence the decisions of the meeting for example a long term renter who does not like the community rules? Does a non owner holding authorization have to specify the wishes of the owner to the administrator/secretary before the meeting for example yes or no to agenda items? What is the voting right of a shop/locale owner who is not a resident that attends the meeting and pays a very, very small community charge for example 7.28€ a month but has no use of community facilities under his escritura. Can the locale owner discuss community business and vote on community matters that do not affect the locale. Of course owners who are not up to date with community fee at the time of the meeting can participate in discussions but are not entitled to vote. The same applies to the authorization/proxy vote. Spam post? If so please click here to report it
01 Sep 2008 7:50 PM Roberto Villa I'm in Torremolinos I've made 1888 posts Send private message to Roberto	Can a non owner discuss community business on the agenda and influence the decisions of the meeting for example a long term renter who does not like the community rules? My understanding is that if the unit owner has given his proxy to another individual of his choice, then that individual represents the owner and can participate in the same way as the owner himself would. Of course, other owners may doubt whether a long term tennant is representing the landlord's interests or his own, but if the landlord has given his proxy, I don't really see how they can protest. Does a non owner holding authorization have to specify the wishes of the owner to the administrator/secretary before the meeting for example yes or no to agenda items? I don't see why he would have to discuss anything with the administration prior to the meeting. Surely it is sufficient to discuss them as and when the relevant point on the agenda is raised? What is the voting right of a shop/locale owner who is not a resident that attends the meeting and pays a very, very small community charge for example 7.28€ a month but has no use of community facilities under his escritura. Can the locale owner discuss community business and vote on community matters that do not affect the locale. The amoun an owner pays is not important, but every owner has a % quota stated on their escritura, and their vote on any issue is worth the same %. However, depending on how the community is set up and the budget aportioned, I presume that if a locale is not actually contributing to certain facilities (like a pool) that do not affect him, then the owner would not have a right to vote on (or discuss) those issues. Just my thoughts....others may have a different view??? _______________________ "For I am a bear of very little brain, and long words bother me" Winnie the Pooh Spam post? If so please click here to report it
01 Sep 2008 9:08 PM mariadecastro Villa I'm in Algeciras (Cadiz) I've made 1139 posts Send private message to mariadecastro	Roberto: I ( and Law) agrees with you Maria _______________________ Maria L. de Castro, JD, MA Lawyer Director www.costaluzlawyers.es Spam post? If so please click here to report it
01 Sep 2008 10:47 PM jturner Parcela I've made 27 posts Send private message to jturner	Thank you Roberto and Maria for your information and comments. So that other forum members are not misinformed with the issue of proxy voting. This is a direct quote from You and the law in Spain. by David Searl 'But this sort of open proxy can be dangerous if you do not fully trust the person exercising it and that person can vote against your best interests if he/she chooses. You can make a specific and detailed proxy, which authorizes its holder to cast your vote only in certain ways. That is, the proxy can declare that its holder must vote "yes" on items three and five of the meeting agenda and can vote "no" on items one and four and that he/she must abstain from voting on other issues. The secretary of the meeting will ask to see the proxy forms when he/she registers each members attendance at the meeting, so he will know this.' So his opinion is that a proxy vote can be specific. Is it lawful to specify the wishes of the owner on a proxy form? So in this case would it be proper for a non owner to discuss community agena items at a meeting if the proxy is not "open." Philip Spam post? If so please click here to report it
01 Sep 2008 11:26 PM Roberto Villa I'm in Torremolinos I've made 1888 posts Send private message to Roberto	I don't think the Horizontal Law is specific on this, but I can't see any reason why a proxy can't be specific - just like a power of attorney, really. And if the owner has been very specific in such a way that implies he has sent a representative merely to vote on his behalf, then I guess it would not really be appropriate for that person to discuss any other matters. As for the issues that he will be voting on, though, I suppose he should be free to argue his (owner's) case before the vote is taken. Philip, I'm not sure exactly where you're going with this, but maybe it would be worthwhile trying to speak to the president prior to the meeting, to ask if you may be allowed to express your concerns to the community, despite not being an owner. As a long term tennant (if I'm getting this right?) you are a neighbour and as such a part of the community in one sense, and if you have valid and reasonable complaints / suggestions etc., then the rest of the members may be willing to listen. Just a thought, as I'm kinda feeling my way in the dark on this one! _______________________ "For I am a bear of very little brain, and long words bother me" Winnie the Pooh Spam post? If so please click here to report it
02 Sep 2008 8:00 AM jturner Parcela I've made 27 posts Send private message to jturner	Thank you again Roberto for the input on this. No I am not a long term renter I am the soon to be ex-VP. As you will be aware proxy voting is a powerful tool in the future running and decision making with the finances for any community. The problem for me on an equitable level is that I feel that certain issues that I hold proxy votes for can be contentious and I give the owner the option of how he/she would like his/her vote cast on items on the agenda particularly if it is a conflict of interest, for example if an item on the agenda is for an increase in the community fee I may feel it is necessary. But the owner who has trusted me with his/her proxy vote may feel that the community is not getting value for money with the upkeep so he/she may wish that on that issue I vote "No" on their behalf. Some owners are happy with me to vote in anyway that I wish as they trust any decisions I may make because I work for the good of the community. On every agenda the last item is "any other business" my humble advice is any person who authorizes the holder of the proxy vote is that they must abstain on voting on community issues rightly or wrongly is it the business of a non owner to discuss community matters? On another level which is my concern and this is factual we have a long term renter who has not paid his rent to the landlord through his managing agent for 6 months nor the utility bills. He has been served a notice to quit as his term of 11 months is over at the end of the month. The process is now going to be lengthy as this appears to be heading for the court as he will not budge. He has let us say been nasty in his behaviour in the community. Another owner has entrusted this gentleman with a proxy vote at our forthcoming meeting this owner also has been quite poisonous toward the board and neighbours. I will not develop the tale of the local owner but let us call him Mr. nasty number 2 his % cuota is 0.17 as you have correctly pointed out the local has no rights concerning use of the community facilities. His % share does give him however the voting right of counting as one when he raises his hand. So in his case if he would like the community budget increased for more upkeep to clear up his rubbish that is blown all over the community that he leaves outside his local. Bear in mind his fantastic contribution of 7.28€ per month and to boot he can have someone proxy vote on his behalf and discuss community issues that are not the concern of the local! My apologies for not expanding on this issue from the begining. Philip Spam post? If so please click here to report it
02 Sep 2008 10:12 AM Karensun Villa I'm in Orihuela Costa I've made 1348 posts Send private message to Karensun	The only way to ensure that ALL owners have thier say at AGM is to use a detailed voting form instead of a proxy form. Our Community has done this for the last two years and although the actual form and the accompanying details take a lot of working out ( to remove any ambiguety ) it is more than worthwhile. EVERYONE ( who bothers to fill in the form ) knows that thier wishes are respected and they cannot say at a later stage that the voting was unfair. This form of voting also removes and 'unscrupleness' and no owner can walk into the meeting with 50 proxy votes and swing the vote in their favour. _______________________ *' Do unto others as you would be done by'* Don't give me grief, I can find it by myself Spam post? If so please click here to report it
02 Sep 2008 5:06 PM Roberto Villa I'm in Torremolinos I've made 1888 posts Send private message to Roberto	Sorry if I got the wrong end of the stick, Philip. I understand better now. Karen's system sounds like the way to go. _______________________ "For I am a bear of very little brain, and long words bother me" Winnie the Pooh Spam post? If so please click here to report it
28 Sep 2008 10:50 PM Spanishgirl6 Parcela I've made 2 posts Send private message to Spanishgirl6	Hello, I am new to this forum. Can anyone advise me please? Our AGM is in November. We think that the President is going to have secret voting this year, which means the voting papers will be completed and returned to the Administrator, and the results presented to the AGM. This means that there will be no debate, as everything will be decided before the AGM. All owners on our community will have to complete this secret ballot paper, including the ones who will attend the meeting. Is this legal? We were under the impression that you either attend the AGM, or in your absence, you gave a trusted person your proxy vote. Thanks. Spam post? If so please click here to report it
29 Sep 2008 7:57 PM Roberto Villa I'm in Torremolinos I've made 1888 posts Send private message to Roberto	Have you ever attended a community meeting? I'm guessing, no, otherwise you would know that there is never any organised discussion or debate, instead just absolute chaos and confusion. In my opinion, a secret ballot like this is an excellent idea. If you want to discuss/debate any issues with your neighbours, do it privately before the meeting. (I'm also guessing that you are not, in fact, a "Spanish girl"? If I'm wrong on this, my apologies, and no offence meant, but Spaniards don't generally "do" organised debates!) _______________________ "For I am a bear of very little brain, and long words bother me" Winnie the Pooh Spam post? If so please click here to report it

DISCLAIMER: All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.