27 Jan 2011 9:14 PM:
Hi everyone.
This is of particular interest to our community because, as the Secretary, I am being asked to provide clear guidance as to what constitutes "Legal" voting procedure and what does not.
There are two aspects to the present discussion in our community; the first concerning community decisions.
Many members who are not resident and unable to attend have asked for us to issue a voting form, based upon the appropriate agenda items which they can then complete and return to the meeting in their absence to indicate their individual vote. (Effectively, a postal vote)
Our Administrator has stated that:
The spanish law don't alow the postal vote.
If one owner wants to vote against or favour one item from the agenda must send a representant to the meeting or send a proxi to an attendant with same opinions than him .
The only exception are for votations where the item needs unanimous voting for been aproved, in that case, non attendants nor represented have a month from the minutes notification for vote against ( only against) and avoid the agreement.
This suggests that what the members would like to have is not legal and only a general proxy voting authority, placed with (and consequently, in the control of) an attendee can be counted.
One compromise solution may be that the proxy receives specific (written?) instructions from the absentee on how to vote on their behalf on specific matters.
The second aspect concerns the voting for officers of the committee.
Is it permissable for an absentee to specify their choice of candidate for, say, President and that, should their choice not be successful, that candidate should then receive their vote for another office, say, Vice-President?
These being points of law, can I ask Maria; are you able to give a clear answer for me, one way or another, that I can take back to our members and administrator, please, as to which of these (if any) constitutes correct voting procedure within the law?
Many thanks
Steve
This message was last edited by morse57 on 27/01/2011.
Thread:
Proxy voting at the AGM or EGM
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