Must proxies be signed?

THE NON-RESIDENTS INCOME TAX.

Question - EWNI arrived at our recent AGM with all my proxy votes correctly done, signed and dated. Another person arrived with 44 proxy votes, but only three of them were signed. When I questioned the administrator about this, his reply was: “Take us to court.”

Can you advise where the College of Property Administrators is located for Alicante? I wonder if our administrators are members. Do all proxy votes have to be signed? Can an EGM be called?  

R H (Costa Blanca)

 

Answer - EWNArticle 15.1 of the Law of Horizontal Property provides for proxy representation at the AGM and states that, ‘a written authorisation signed by the owner is sufficient…’ to establish this. You can indeed take them to court to impugn the results of the vote. It is a risky business unless you can show that the community has suffered loss.

The Colegio Oficial de Administradores de Fincas de Alicante has a very complete website at www.coafa.es. Be advised that community administrators are not legally required to register. If you assemble one-fourth of the owners, you can call an EGM. Why not discuss this with your president?

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

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