I am not able to attend the coming Annual General Meeting of my Community of Property Owners, but I am told that I can assign my vote to another person, who will cast my vote at the meeting. Do I need to specify how I want him to vote on the different proposals, or must I just trust him? How does it work?
S D (Costa del Sol)
Spain’s Law of Horizontal Property says that a Community member can attend the AGM and vote either in person or by representation. Most Communities have a printed form on which you enter your details and those of the person to whom you assign your vote but any written authorisation will serve. You sign the form and give it to your Administrator or President. Your proxy holder then becomes you in the meeting. Your proxy holder does not have to be a member of your Community. You can instruct him to vote in a certain way, but the proxy holder is not bound by this. The idea is that new information may come to light at the meeting and the vote needs to be changed.
Send your questions for David Searl through lawyers Ubeda-Retana & Associates in Fuengirola at [email protected], or call 952 667 090.