Owner communities hold meetings to adopt those agreements necessary for the maintenance, repair, and operation of common items and services, and also to deal with those matters proposed by the neighbors linked to their property rights in the private elements or which affect the coexistence or use of the common elements. It is often common to have landlords absent, but … How is your vote counted?
These owners’ meetings must be convened in advance, notified to the owners to attend and contain the agenda items to be discussed at this meeting.
The owners’ meeting will be attended by the owners who consider it as such, but there will be many other owners who are absent from this meeting. It is mandatory to communicate the result of the agreements reached by votes to the owners absent in the manner provided in the article 9.1 h) of the LPH . Absentees will have a period of 30 calendar days from the communication of the agreements to express their discrepancy ( article 17.8 LPH ). You need to differentiate the case of ABSENT and the decision of present at the Board when they abstain in voting on an agreement.
Calculation of the vote of the absent owners the Community Board
All those agreements that only need to be approved the vote of the majority of attendees representing the majority of the participation fees , i.e. the agreements provided for in the article 17.7 of the Horizontal Property Law (LPH), DO NOT REQUIRE THE ABSENT VOTE , as they can be approved directly by the Board attendees. ABSENT will only be able to challenge the already approved agreement if they disagree.
For the remaining agreements that require for their approval by a majority qualified or unanimity, the absentee vote contributes to form these majorities provided that:
- It is a primary and prerequisite that the agreement has been approved by a majority of the ATTENDANTS even though the legally required quorum has not been obtained.
- Within 30 calendar days of being notified of the agreements, the ABSENT may express its agreement, in which case its vote will be added to the majority of those present.
- If the ABSENT says nothing and lets the 30 days pass. In this case their vote will be added to the majority that adopted the agreement.
Indicate that the absentee within these 30 calendar days may express his dissenting vote with the approval of the agreement, in which case it will be counted as vote against the agreement .
This GENERAL RULE of adding the vote of the absent to the meaning of the majority vote of those present , whether the absentee expressly states it or by silence, HAS TWO EXCEPTIONS , provided for in the article 17.8 LPH .
There are some exceptions:
- Those agreements in which the cost of the services cannot be passed on to the owners who had not voted expressly in the Board in favor of the agreement, (actions or agreements related to the matters that appear in rules 1a and 4a of the article 17 of the LPH). These agreements will be adopted only by those present and if the required majority in these rules is not achieved, they will not be approved.
- The works that involve a private use provided for in article 10. 3 b) of the LPH, such as: the material division of the flats or premises, the aggregation or segregation of these, the closure of the terraces, modification of the ‘envelope to improve energy efficiency, and so on. These agreements will be adopted only by those present and if they do not vote in favor of 3/5 of the total owners and participation fees, the agreement will not be approved without waiting for the communication of those absent.
Please note that the ABSENT owner who has not spoken within 30 calendar days and therefore his vote has joined that of the majority of those present, MAY CHALLENGE AGREEMENT , unless the challenge is based on the non-participation of the majority qualified by the absence of their vote.
In conclusion, the vote of the owners absent from the Board of the community of owners will be calculated depending on the kind of agreement reached by those present at the meeting.
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