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Can anyone out there please let me know what the criteria is for a proxy vote at a community meeting of owners (EGM)
I have received 6 proxy votes from british owners via fax. Someone said to me they will not be counted because they do not have the original signatures on them.
Does anybody know the ruling on this.
I have read the horizontal property act and it says that a signed proxy is ok, but it does not say it has to be original.
Please can anybody help as the EGM is on Monday 12th March.
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With my limited knowledge of Spanish Law a nominated 'proxy' is a person or body who attends and votes at an EGM on your behalf on the proviso that person or body has a letter singed by yourself stating such.
You can only vote at an EGM either if you attend yourself or you nominate a proxy to do so.
If you or your proxy is not in attendance then you can't vote. This message was last edited by TechNoApe on 3/9/2007.
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I understand that Tommy needs to know if a faxed copy of said letter will be deemed legal for him to vote on the senders behalf.
Without Maria here to give the difinitive answer, I would guess that you need an original copy Tommy. Only a guess though, my experience tells me copies/fax copies of letters do not work with; Banks, Lawyers; Notaries or even a garage when buying a car.
However ......(In a hollywood musical kind of tone) "Nobody answers questions like Maria"
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Blimey Gillespie you must be living in a third world country up there on the CB - faxes are acceptable to the banks here for an instruction - generally most lawyers will accept as well depending on what they are being required to do. Whether it will work for Tommys poxy vote I dont know but guess he needs to check with the community administrator
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Hi Tommy Rayn,
I have sent a proxy vote by fax once and it was accepted.
But, like Smiley says, check if your Administrator will accept it, they may have differing rules.
Regards,
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"Tommys poxy vote", Smiley??? Do you know something we don't??? Is there something about their administration you don't like???
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Quote Smiley: "Whether it will work for Tommys poxy vote I dont know but guess he needs to check with the community administrator"
This is the only relevant answer IMO. Doesn't matter what the "law" says, it's only what happens in practice that counts here in Spain. Ryan, check with the admin, or the president (better both, just to be sure). Personally I believe it should be acceptable, so if they seem in doubt, tell them it IS acceptable, and it probably will be!
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A fax with a signature is enough! come on! the Law does not require any specific form.
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Smiley!! LOL! I couldn't resist the response! It just read so well!!
Sorry!!
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