Horizontal Property Act, Section 17

 section 17 of the horizontal property act reads:-

The establishment or elimination of the lift, janitor and security services, or other common services or

In this particular case does the voting exclude owners who are overdue with their community fees, or does this section of the act enable all owners to vote regardless of their debts?

If an owner is in arrears, they cannot vote until the arrears are paid.

I appreciate that in normal circumstances & for voting on everyday matters only fully paid up owners may vote. However for large capital expenditures covered in section 17 I have been told that all owners have a vote.

This is very important as our agm is tomorrow and a lot may depend on this. Even our administrator has given two opinions!

Hi, 

Please could anyone tell me if an owner of several apartments in one complex is able to have a vote for each apartment they own.             

If they are allowed  to make one vote for each apartment they own, do they have to be fully paid of all community fees to be able to vote.,

If they they own several apartments in one complex and 6 have outstanding fees,  can they vote have 4 votes on the 4 community fees that are fully paid.

Many Thanks in advance  for  any answers  or advice given,   I have  been through the Spanish Horizontal Law and have found no answers.         

Doedoe                                                                                                                                                                                        

The owner with several flats in the same community only has one vote.

However each owner vote is not the same.  Each owner votes with the amount of cuota the properties have.

So if there were 100 flats which all have a 1% cuota, the owner with 5 apartments would have a vote worth 5 times as much as the owners with only 1 apartment.

Now I have not seen the other questions that you've asked written down anywhere but the HPA seems very logical.

On that "logical" assumption if someone has 10 properties of which 6 are in arrears and 4 are up to date, you should be able to vote with the cuota of the 4 you have paid the fees on.  You can settle the fees as late as the beginning of the meeting.

 Yes, vote is for every apartment he owns adn whose community quotas are paid.