Law of Horizontal Property – question for Maria de Castro

[Anonymous]

Hi Maria

In your post – Dissidents in your Community in December you invite questions on The Law of Horizontal property. I’ve read the Articles but can’t find an answer to the following:

Could you tell me if Owners not living in Spain can fax their proxy forms or send them via email with an electronic signature for them to be valid at an AGM or EGM?

Also, our community want to pay for a surveyor to carry out a technical report on faults within our development to force the builder to carry out the work and to do it correctly.

We would like to raise this by paying an extra €100 per owner into the community which would have to be matched by the constructor who is paying for unsold properties. Is this possible? Our Sec/Administrator is not helpful and is appointed by and is working for the constructor so we are not able to go to them.

We do not have the majority vote.

Looking forward to your response.

Many thanks.

Jayne

[mariadecastro]

Dear Jayne:

Please find answers in blue below.

Hi Maria

In your post – Dissidents in your Community in December you invite questions on The Law of Horizontal property. I’ve read the Articles but can’t find an answer to the following:

Could you tell me if Owners not living in Spain can fax their proxy forms or send them via email with an electronic signature for them to be valid at an AGM or EGM? Yes, they can.

Also, our community want to pay for a surveyor to carry out a technical report on faults within our development to force the builder to carry out the work and to do it correctly.

We would like to raise this by paying an extra €100 per owner into the community which would have to be matched by the constructor who is paying for unsold properties. Is this possible? If you cannot get the 100% of the owners into that agreement, just go those of you who are not satisfied with the finishing of the work. Our Sec/Administrator is not helpful and is appointed by and is working for the constructor so we are not able to go to them. You can also ask for an extraordinary meeting ( with required quorum: 25% of owners) in order to choose a new administrator. It is not advisable to have somoene appointed by the builder/developer.

We do not have the majority vote.

Looking forward to your response.

Many thanks.

Jayne

[Anonymous]

Hi Maria

Thank you very much for your responses – that’s most helpful. I think many people are unsure how the proxy votes are gathered.

Many thanks.

Jayne

[mariadecastro]

Sure 🙂

[Author]

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