How are AGM votes counted?

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Q. I have just read your article ‘Can he enclose his terrace?’ Ten years ago we enclosed our terrace, and we now wish to legalise the extension. At the time we submitted sketches to the community president and committee, who gave full written permission. You say, following the revision of Article 10 of the Horizontal Property Law (2013), that two-thirds of the owners “in attendance” at an AGM need to cast a favourable vote for the work we had done. Or does this mean two thirds of all owners, whether attending the AGM or not? If the latter, would it be the task of the administrator to contact all owners? As there are 150 owners on our community and many of them are absent for most of the year, this could be a long process.
R H (Costa Blanca) A. You can relax. First, I wrote that the authorisation to enclose a terrace requires a threefifths majority, not twothirds. Votes at the AGM are counted this way: if three-fifths of owners present or by proxy vote in favour, the motion is passed.
If no absent owners protest within 30 days of being reliably informed of the vote, their votes are counted as favourable.

Send your questions for David Searl through lawyers Ubeda-Retana & Associates in Fuengirola at [email protected], or call 952 667 090.

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