proxy vote's

could someone please tell me that when there's an agm or egm and a vote is taken, proxy vote's are usually used, do they have to be on individual sheet's and signed, or can just a list of owner's name's be used, as i read somewhere that a list of name's cannot be used for a vote if it's an advantage to the president & administrator, i can't remember the site i read it from, also again is it against community law that an owner can be banned from using complex facilities if they have any kind of debt, can anyone out there help ? thank-you. b.f. 

Hi bluefox.

Proxy's cannot be just read from a sheet, they have to printed and signed as proof of validity. Signed "faxes" are valid.

Sometimes (if your rules community permit) emails may be sufficient but again must be proven for valiity, as anyone can create an email address in someone elses name, for dubious reasons.

As for banning owners from using community facitilies because of being a debtor, no you can't. (They are not aloud to vote at a AGM/EGM though).

Hope this helps.

 Hello Blue fox ,

A proxy vote is the act of appointing a representavive to act for a member in the community meeting.This may be AGM ; Extraordinary or ordinary.

The LPH community law allows for a member who has paid his community fees to vote in this way.

The community will use a form as a rule for this purpose.Some forms are more democratic than others in the choice they give to for the member to mark different points of the agenda with their voting wish and then appoint the president or another representive to vote for them as their  wishes. Other types of form allow only for a person or the president to vote for you ( you can of course instruct the representive with your individual vote wishes but under this system the proxy holder has the ultimate power desicion of the vote in the meeting). All forms must allow the representive to vote for the member in what way he wishes also. A written letter appointing a representive is also a legal instrument which gives the power to vote to the named representive. The importance of this person being able to identify themself as the representive of the member by passport / driving licence & or NIE is a very imortant part of any of the authorities.

Community statutes may limit the number of proxy votes a person can hold but there is nothing in the LPH which relates to this so it is challengable in law.

As Costa blade states you can vote by email but the members should previously have voted to accept this as a proxy or it is left to the discreation of the president who is the chair of the meeting.A fax is a legal instrument in Spain.

As a community owner you own a share of the communal facilities and therefore  a member can not be restricted in use of the same if community fees are not paid .The community can of course persue the member for his debt to them through legal channels.

I hope this helps.

F.Parkinson Administradore

many thank's to the both of you for your input, it was a tremendous help and very re-assuring. regard's b.f.

hello jacksonadmin, i very much appreciate your reply, but could you tell me please exactly where that information came from, we have an a.g.m. coming up very shortly and i need that info to be legally verified, as it will be a very important point to prove at that meeting, most important also is using a list of name's from a single sheet rather than the legal individual proxy sheet. thak's again. b.f.