president proxy votes

Post reply   Start new thread
:: New - Old :: Old - New

Pages: 1 |

Forum home :: Latest threads :: Search forums
The Comments
31 Dec 2009 12:00 AM by flyingbolt Star rating. 8 posts Send private message

could anyone tell me if the president can use proxy votes to vote himself in as president

also could he use his proxy votes to vote on any item brought up on any other business





Like 0      
31 Dec 2009 2:01 PM by auntielinda Star rating in San Miguel de Salina.... 646 posts Send private message

What is a proxy vote well you can have 2 sorts

Firstly you can vote for someone else after you have spoken to the person who has appointed you as their proxy, and they have told you their preference which is what happens on our urbanisation

Or

Any owner can give their voting right to anyone else this can be the President, any owner or someone who is attending the meeting on behalf of the owner

Technically yes he can vote for what he wants himself  but it is up to those who dont want him to make it happen to vote against this  hope this helps you



_______________________

Great Auntie Linda

 




Like 0      
31 Dec 2009 4:37 PM by deniseatnycs Star rating in Sol Golf Nr Villamar.... 136 posts Send private message

deniseatnycs´s avatar

Once an owner gives their proxy to vote to another then the person standing proxy can vote however they like even if instructed by the owner otherwise.  We like Auntie use a system where each owner unable to attend the A.G.M. is given the chance to vote on each item by use of a tick box on the agenda form.  This works in 95% of cases apart from one owner who totally ignores the wishes of those he is standing proxy for and uses all his proxy votes to vote for what he wants.

In answer to the question, yes proxy votes can be used to elect/re-elect a President, but no to the second part of the question as items raised in any other business (unless clearly stated on the agenda) can be discussed but not voted on unless voted to put the matter on the agenda for a future meeting



_______________________
Denise



Like 0      
31 Dec 2009 5:14 PM by spanishsolicitor Star rating in Murcia. 140 posts Send private message

spanishsolicitor´s avatar

 

Regarding the questions posted by flyingbolt: a president may vote by proxy on any business even his or her election.
On the other hand, as Denise said the Supreme Court has declared the nullity of those resolutions passed hidden in the ‘question time’ or ‘any other businesses’ at the end of the meeting because business can be transacted only if details of it are included in the notice convening the meeting, thus neither the president’s proxy or any other proxy or owner may vote on any item brought up on the other business stage of a meeting.
 
 
 


_______________________
www.fljordan.com



Like 0      
31 Dec 2009 7:48 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

Roberto´s avatar

¡Hola Felix, Feliz Año Nuevo!

"......the Supreme Court has declared the nullity of those resolutions passed hidden in the ‘question time’ or ‘any other businesses’ at the end of the meeting because business can be transacted only if details of it are included in the notice convening the meeting...."

Is this recent? Any chance you can refer to the actual decreto since I don't recall seeing this before. May be useful / important some time. I'd like to add it to my archivos for future reference / ammunition!



_______________________

 

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

Mark Twain

 

 

 




Like 0      
02 Jan 2010 9:38 AM by spanishsolicitor Star rating in Murcia. 140 posts Send private message

spanishsolicitor´s avatar

 

Roberto, Happy new year to you
 
 
Section 16 (2) of the HPA establishes:
The notice shall include the items to be dealt with, the place, day and time of the first call and, where applicable, of the second call
 
As it was stated by the Supreme Court in 20th Nov 2006 resolutions of the Owners’ Committee not included in the Agenda are challengeable. Therefore, it is necessary to attack those resolutions at Court; meanwhile they are valid and enforceable.
The point is to include the business in the Agenda, if so; it is also valid to pass that business at the question time
 
Regarding the term to challenge section 18 (3) provides:
The action shall lapse three months after the adoption of the decision by the Committee or one year in the case of resolutions contrary to the Act or against the Articles. For owners not present at that meeting, this time limit shall begin to run from the date on which the notice has been received, in pursuance of section 9
 
 


_______________________
www.fljordan.com



Like 0      

Pages: 1 |

Post reply    Start new thread


Previous Threads

Happy New Year - 8 posts
Beautiful Spain - 5 posts
Price comparison site for Spain - 6 posts
Illegal Extension - How do I object? - 3 posts
Casa Antonia Torremolinos webcam still stuck on Rain !!! - 1 posts
Self Certified mortgages - 5 posts
Happy New Year to the EOS team and some questions to consider - 1 posts
Spotify and Enya - 13 posts
NIE application & Modelo 790 Codigo 012 - 10 posts
need parts for jeep cherokee - 1 posts
Malaga Airport - 4 posts
SKY REMOTE CONTROL SETUP - 2 posts
Banks to create social housing - 12 posts
planeparking.es.....(at Murcia Airport)...Anyone use them ? - 6 posts
Broadband - 8 posts
Jerez Formula 1 testing in February - 49 posts
Electricity - 2 posts
furniture donation - 4 posts
VAT exemption - 5 posts
Spain - UK - Spain end January. - 2 posts
Maria´s Christmas post - 2 posts
Merry Christmas - 6 posts
ECONORENT CAR HIRE ****FUEL RIP OFF BEWARE******* - 48 posts
Catholic Church Alcaidesa Area - 1 posts
Earthquake on Costa Del Sol last night? - 1 posts

Number of posts in this thread: 6

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


1 |
Our Weekly Email Digest
Name:
Email:


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x