Can he hold proxy votes?

QUESTION

I ask you to clarify the Horizontal Law concerning proxy voting at the AGM. In our community, one person has collected proxy votes from about 25 per cent of the other owners. As a result, he is usually able to have the deciding vote on matters discussed at the AGM. He makes this ‘collection’ every year. The other owners feel they are living in a dictatorship. Can you clarify?

S J (Costa Blanca)

ANSWER

The Horizontal Law provides that an owner who cannot attend the AGM may delegate his vote by proxy to another person. This person need not even be a member of the community. A simple written notification to the president is sufficient. It is perfectly legal for one person to hold and vote various proxies. Sometimes a person will even use the proxy votes that he holds in order to be elected president. None of this is illegal. If you are opposed, you could try to collect your own number of proxy votes. This is raw democracy. If you feel that your interests have been harmed, you can go to court to impugn the results of the vote.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.