Reserving one's vote at an AGM

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28 Feb 2012 12:00 AM by dorisjmay Star rating. 15 posts Send private message

 We have heard that you can reserve your vote at a Community AGM. Can anyone explain the use of this please? 

Why would one reserve a vote and how would one do it?

Thank you for any replies!!





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28 Feb 2012 12:19 PM by lobin Star rating. 256 posts Send private message

 I believe by the phrase reserving one`s vote you are referring to the requirement under the Horizontal Property Law in order to be able to question the validity of a resolution passed at an AGM.  The HPL requires an owner who wants to question the validity of a resolution (impugnar) to vote against the resolution and to make sure that such vote against is clearly recorded in the Minutes.

 This way the owner reserves the right to question the validity of the resolution before the Courts.

 





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01 Mar 2012 10:57 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar

 Yes, I think you are refering to section 18.2 of the Horizontal Property Act:

2. Unit owners who expressed and recorded a dissenting vote at the meeting, those who were absent 
for any reason and those who were illegally deprived of their right to vote shall be entitled to challenge 
these resolutions. In order to challenge a resolution, a unit owner must have satisfied all community fees 
due or, alternatively, must have consigned them in court before proceeding. This rule shall not apply where 
the resolution challenged regards the establishment or alteration of owners’ assessment quotas, as provided 
in section 9.

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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