Unanimous vote at AGM

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14 Jan 2012 00:00 by knj Star rating in Costa Blanca. 78 posts Send private message

 Am I correct in thinking that a unanimous vote at the annual meeting means only those present & those who have bothered to submit a proxy vote form?  It does not include every single owner, most of whom are non resident or are banks & they have no interest in Community affairs.





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14 Jan 2012 11:32 by johnzx Star rating in Spain. 5241 posts Send private message

Unanimous means just that all the members of the community, not just those present at a meeting





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14 Jan 2012 11:38 by knj Star rating in Costa Blanca. 78 posts Send private message

 Thanks.  So even in a small community like ours it is impossible to get some owners to respònd to any communications & banks never do.  How can you get round this situation.





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14 Jan 2012 11:43 by lobin Star rating. 245 posts Send private message

 Unanimous vote means that all votes issued must be in favour of the resolution for it to pass.

 If an owner does not issue a vote, either in person or by proxy at the AGM or within a 30 day period after the receipt of the Minutes issued by the Secretary or Administrator, this owner's vote is not counted either in favour or against.

  So this means that even if, for example the Banks, are not represented at the AGM and do not issue their vote during the afterperiod and all issued votes by the voting owners are in favour of the resolution, the resolution is considered unanimously approved.





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14 Jan 2012 12:11 by knj Star rating in Costa Blanca. 78 posts Send private message

 Thanks for the information.





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15 Jan 2012 01:00 by johnzx Star rating in Spain. 5241 posts Send private message

QUOTE
So even in a small community like ours it is impossible to get some owners to respond to any communications & banks never do.  How can you get round this situation.
 
In a situation where an owner or two in  a community are acting unreasonably,  the matter can be taken before a court and the judge can rule.





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18 Jan 2012 22:41 by mariadecastro Star rating in Algeciras (Cadiz). 9298 posts Send private message

Legal Questions? Speak to Maria Direct

In the Horizontal Property Act a valid unanimity is that of owners present in a Community of owners meeting, being enough quorum, and the meeting being validly convoked.

Not all the members need to be present, but all need to have been validly and legaly convoked.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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19 Jan 2012 10:32 by johnzx Star rating in Spain. 5241 posts Send private message

If you are voting on a matter which requires a unanimous vote then that is what you MUST HAVE.  Example to make a change of use of a communal area,  say change a garden into car park, then it must be everyone, in the community.
 
If it is minor matter then a majority of those who vote (either with or without proxy) at an AGM





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19 Jan 2012 13:16 by Fighter2 Star rating. 237 posts Send private message

Below are the actual rules extracted directly from HPL and you will see that only changes to the Master Deed or Statutes need unanimity, there is also a required for a 60% majority as set out below otehr decisions are taken and approved by a simple majority as described by Maria.

As can be seen from the text below the example given by Johnzx would only require a 60% majority.

Section 17

The resolutions of the owners’ general assembly shall be subject to the following rules:

First.

Unanimity shall only be required for the validity of those resolutions involving the approval or amendment of the rules contained in the master deed or in the community statutes.

The establishment or elimination of the lift, janitor and security services, or other common services or facilities of general interest, even where they involve the modification of the master deed or the community statutes shall require the favourable vote of three fifths of the total number of unit owners representing three fifths of the assessment quotas. The lease of common elements lacking a specific use shall require the favourable vote of three fifths of the total of unit owners representing three fifths of the assessment quotas as well as the consent of the unit owner directly affected, if this were the case.

Notwithstanding the provisions of sections 10 and 11 of this Act, work carried out or new common services established to eliminate architectural barriers hindering the access or the mobility of persons with physical disabilities, even where such work or services may involve the amendment of the master deed or community statutes shall require the favourable vote of a majority of unit owners representing a majority of the assessment quotas.

To the effects established in the preceding paragraphs of this rule, the votes of duly summoned unit owners absent from the meeting shall be computed as favourable if, having been informed of the resolution adopted by those present in conformity with the procedure established in section 9, they did not state their dissent to the person acting as community secretary within thirty natural days, by any means ensuring record of delivery.

Resolutions legally adopted under the provisions of this rule shall be binding on all unit owners.

Second.

The installation of the common infrastructures providing access to telecommunication services regulated in the royal decree law 1/1998, of 27th February, or the adaptation of existing ones, as well as the installation of solar energy supply systems, whether common or private, and infrastructures necessary to access to the new collective energy supply systems may be agreed at the request of any one unit owner by a third of the members of the community representing a third of the assessment quotas.

The community shall not charge unit owners who did not vote in favour of the resolution for the cost of installation or adaptation of the said common infrastructures or those derived from its upkeep and maintenance. However, should they subsequently request access to telecommunication services or energy supply systems, and this required using the new infrastructures or the adaptation of the existing ones, they may be authorised against payment of the amount that would have corresponded to them, duly updated with the application of the legal interest rate.

Notwithstanding provisions aforementioned concerning expenses for the upkeep and maintenance, the new infrastructure installed shall be considered to be a common element for the purposes of this Act.

Third.

All other resolutions shall be adopted with the vote of a majority of the total number of unit owners representing a majority of the assessment quotas.

Where the meeting is held on second call, the resolutions adopted by a majority of those present shall be valid if they represent more than half the value of the assessment quotas of those present.

Where a majority cannot be reached by the procedures provided for in the preceding paragraphs, the judge, on petition of an interested party, made within a month of the date of the meeting held on second call, and after hearing the litigants, duly cited, shall adjudge in equity within twenty days from the date of the petition, awarding legal costs to the corresponding party.

Regards

Barry





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19 Jan 2012 15:26 by lobin Star rating. 245 posts Send private message

fighter 2. Johnx is right because the change of a garden into a car park implies a change to the Master Deed (Escritura de División Horizontal)



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