SOME POINTS ABOUT THE PROXIES

               As you all may know, you could be represented by someone else in a General Assembly. The Horizontal Property Law ( LPH) says in the first paragraph of the clause nº 15th that:  The attendance to the General Proprietors Meeting will be personal or by legal or voluntary representation, being enough writing signed by the proprietor to certify it. 

               Many questions can arise from this regulation. Here you are ten of them:

  1. Would it be valid the proxy given to someone who is not an owner in the community? The answer is yes. You could be represented by whoever you decide.
  2. What kind of documents have to be presented in the General assembly to vote on behalf of an owner? The Law just says that it would be enough a simple writing signed by the owner.
  3. Would it be ok a photocopy of the document signed or the document sent by fax or email? In my opinion the community should accept it because the law does not oblige to present the original document and we have to interpret the rules according to the times. 
  4. What should be the answer if the only document presented in the meeting is just an email from the owner that could not be signed. This kind of representation is being accepted even being not signed because you could even see if the email address of the owner is the same you have in your data base. In addition, the person who is representing an owner, could be committing a criminal offence should he has not been really authorise to vote on his behalf.
  5. Could it be ok a simple whatsup or text message? I think this could be possible for the same reason explained before.
  6. Are there any limits to the number of proxies someone could take to the meeting? In some associations the same person can not use more that a certain numbers of proxies, but in communities one person could take as many proxies as the owners want to give him.
  7. Can a debtor vote with a proxy on behalf another owner who is not in arrears? Yes the proxy means as if the real owner were in the meeting.
  8. How many votes has the person who appears in the meeting with several proxies from several owners? He will have a vote for every owner who is not in arrears. When you have several properties, you have only one votes with the coeficient of the sum of all your properties, but when you are representing another owners you have their votes, so you will have a vote for every of them.
  9. Can be counted the proxies when we are voting some agreements which need the unanimity? Yes, the proxies are ok for all the agreements to be approved in a meeting.
  10. Would be valid the agreement taken in a meeting when a simple person has more proxies and votes than all the rest of the people presented or represented in the meeting? What would be the point in having a meeting if just one person can approved whatever he wants? The Law allows this possibility so be very aware when you give the meeting to someone and explain this situation to your neighbour if you think that this is going to happen or you feel that the person who will get the proxies will not use them on behalf of the community but his personal interest.

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