AGM VOTING PROBLEM

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27 Oct 2016 4:07 PM by maggitay Star rating. 1 posts Send private message

Im not sure if anyone will have an answer to this one, even David Searle may struggle.

We had our AGM last week and I was standing for President against the reigning gentleman. One Owner chose to leave the meeting before the voting for President started. However, he came over to myself and a friend and said he wanted to vote for me. He had a proxy voting form signed and also the voting slip for the President vote, signed, but not filled in with my name. This was because we had not been told what we had to put on the form at the time.

At this point, one of the administrators came over and took the proxy form together with the voting slip. The gentleman informed him that he wanted his vote to go to me. 

Now, the vote was 36/36 but the vote of the gentleman was disallowed as he had not filled in my name and neither had I as his proxy. My point is that I couldn't fill in the name as I didn't have the voting slip and I presumed the administrator would do this as he was instructed. I have since been told that this is not the job of the administrator.

If the administrator had not taken the form, the gentleman would have left both of them with me and I would have completed the voting slip. 

If the voting gap was larger, this would not be relevant but as it would result in a tie, I wonder if anyone can help or advise as to what can be done to reinstate this vote. The gentleman went straight to the office of the administrator the next morning to complain but they said it was his fault for not putting the name on before giving it to them. I was there at the time and the gentleman was in the process of doing that when the paper was taken.

This is a complete mess as the administrators had other votes wrong too, so please if anyone can help, I would be very grateful. 

Many thanks 

 

 





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27 Oct 2016 4:35 PM by steone Star rating in Santiago de la Riber.... 383 posts Send private message

I am not an expert on this matter, however I would suggest that you obtain at least 25% of the owners (by proportion not numbers) and request/demand an EGM to have the vote again.

Don't forget that the existing president has access to all owners whereas, I assume, you don't. Try and get proxys from as many as possible especially if any of the owners have a greater share of the total vote to cast their vote for you.

There is one question that needs to be asked (as I used to be a president) is why do you want all the problems associated with being a president? Please don't answer!



_______________________
Stephen



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27 Oct 2016 5:12 PM by Tadd1966 Star rating in Los Montesinos. 1754 posts Send private message

Again not an expert but don't proxy votes have to be registered before any meeting?



_______________________
“The greatest enemy of knowledge is not ignorance; it is the illusion of knowledge”



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27 Oct 2016 7:01 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message


_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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27 Oct 2016 9:11 PM by tteedd Star rating in Hertfordshire & Punt.... 990 posts Send private message

What does the horizontal law or precedent in Spain say about a tie?

Has the old President remained in post?

If the H L says nothing, common sense would normally dictate that the vote is re-run after a short period.

 





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10 Apr 2017 12:44 PM by Jontym Star rating. 17 posts Send private message

Just a point on the committee members, and what is their legal responsibility, for the finances of the community, if there is a president and administrator?





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10 Apr 2017 1:37 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

Roberto´s avatar

"why do you want all the problems associated with being a president?"

Damned good question, can't wait to see an answer! 



_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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10 Apr 2017 2:41 PM by Jontym Star rating. 17 posts Send private message

10 Apr 2017 5:45 PM by hugh_man Star rating in Kent/Roda . 1593 posts Send private message

hugh_man´s avatar

Jonty

HPA normally allows for a President, Vice President and Secretary Administrator.

You can elect Vocales as Committee members if you wish to enlist more help but they have no legal standing.





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10 Apr 2017 8:03 PM by Jontym Star rating. 17 posts Send private message

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