In many General Assemblies might arise some\ndoubts about who is entitle to vote. Two different aspects should be taken into\nconsideration. First of all, the only one who has the right to vote is the\nowner or someone authorized by the owner registered in the community. The\ntenant, relatives or whoever may be occupaying the property could not vote\nunless he has the proper authorization from the owner. In case the property\nbelongs to more than one person, the coowners will name the one to represent to\nall of them with the community. <\/p>\n\n\n\n
Having\nsaid this, the owner will only be able to vote supposing he is up to date in\nthe payment of all the community fees owed by the time of the celebration of\nthe assembly, as it is said in the Horizontal Property Law, article 15.2:<\/p>\n\n\n\n
\u201c Proprietors who are not up-to-dated in the payment\nof all the due debts with the community at the moment of beginning the meeting,\nand they have not refuted them judicially or proceeded to the judicial or\nnotarial consignment of the owing sum, will be able to participate in their\ndiscussions, although they will not be entitled for voting.\u201d <\/p>\n\n\n\n
In\nmy day by day routine as solicitor and administrator, I have faced many\ndifferent situations that should be clarified:<\/p>\n\n\n\n
1)<\/strong> Let\u00b4s\nsuppose the owner consider he should be compensated by the community for\nwhatever reason, but this compensation has not been officially approved by the\ncommunity. <\/p>\n\n\n\n For instance, a) the owner has\nsuffered any damage and he would have to receive some money from the community\nthat is pending to be approved; b) The owner has paid some money on behalf of\nthe community and he would have to receive the money back, etc. and this\npayments are still pending to be approved ). In these cases, unless the owner pays\nhis fees he will not be able to vote, because he is not legally up to date in\nthe payment until his credit against the community is approved.<\/p>\n\n\n\n 2)<\/strong> The owner\nmay consider the community fees are wrong, but unless he has previously sued the\ncommunity in court or has made a notarial consignment for the amount owed, he\nwould not be allowed to vote. <\/p>\n\n\n\n 3)<\/strong> Another difficult situation arises\nwhen the owner wants to pay his community fees with a cheque at the beginning\nof the meeting.<\/p>\n\n\n\n When\nthe payment is made in cash there would not be a problem, but when the owner\nwants to pay with a cheque the situation is quite different. The article 1.170 of the Spanish Civil Code\nestablish that when paying with a cheque the payment will be considered done at\nthe time the cheque is cashed but not before. The logical reason is that there\nis no guaranty that the owner has enough money in his bank account and the\ncheque will be properly attended. As a consequence of this, the owner who pays\nwith a cheque at the beginning of the meeting could not legally vote in the\ngeneral assembly.<\/p>\n\n\n\n Taking\nall this into consideration, should you be sure you will be entitle to vote in\nthe General Assembly, please verify in advance that you are registered in the\ncommunity as the owner of the property or represent of the coowners; you have\nwith you an authorization in writing properly signed supposing you are not the\nowner; and make sure that all the fees for the property are paid before the\nbeginning of the meeting.<\/p>\n\n\n\n Jose Luis Navarro.\n\nIntercala\u00b4s\nsolicitor and property administrator\n\n\n\n<\/p>\n","protected":false},"excerpt":{"rendered":" In many General Assemblies might arise some doubts about who is entitle to vote. Two different aspects should be taken into consideration. First of all, the only one who has […]<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"Layout":"","spay_email":"","jetpack_publicize_message":"","jetpack_is_tweetstorm":false,"jetpack_publicize_feature_enabled":true},"categories":[5],"tags":[],"jetpack_featured_media_url":"","jetpack_publicize_connections":[],"jetpack_likes_enabled":true,"_links":{"self":[{"href":"https:\/\/intercala.com\/blog-en\/wp-json\/wp\/v2\/posts\/71"}],"collection":[{"href":"https:\/\/intercala.com\/blog-en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/intercala.com\/blog-en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/intercala.com\/blog-en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/intercala.com\/blog-en\/wp-json\/wp\/v2\/comments?post=71"}],"version-history":[{"count":1,"href":"https:\/\/intercala.com\/blog-en\/wp-json\/wp\/v2\/posts\/71\/revisions"}],"predecessor-version":[{"id":72,"href":"https:\/\/intercala.com\/blog-en\/wp-json\/wp\/v2\/posts\/71\/revisions\/72"}],"wp:attachment":[{"href":"https:\/\/intercala.com\/blog-en\/wp-json\/wp\/v2\/media?parent=71"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/intercala.com\/blog-en\/wp-json\/wp\/v2\/categories?post=71"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/intercala.com\/blog-en\/wp-json\/wp\/v2\/tags?post=71"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}