Our community is considering a vote to limit short-term holiday rentals, but how can we obtain the votes of ‘three-fifths of the members’ when fewer than half that number ever attend the AGM?
I raised the question with our administrator who kindly explained in detail about ‘members present or by proxy’ and the first and second calling of the meeting. Can you confirm her explanation?
S D (Costa Blanca)
Yes, we can. We tend to use the term ‘members’ too loosely. Here is the detailed picture.
The announcement of the AGM should specify ‘first calling’ and then ‘second calling’ usually half an hour later. If 51 per cent of members and proxies are not present, the AGM cannot be held on first calling.
At the second calling, valid decisions can be voted by the members and proxies present.
So a three-fifths vote of those present will suffice to pass resolutions. The members who did not attend can protest the vote within 30 days after being informed. Note that the law also specifies that this majority must include the ‘cuotas’ or participation shares as well as the number of owners.
Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.