It is possible to delegate our vote to a legal representative if we can't attend?

Is it possible to delegate the vote to another owner if you cannot attend the meeting?

This article written by María Baro of Brokalia explains how to delegate a vote in a community of owners in case of not being able to attend the meeting.

When important decisions of the community of owners are put to vote, it is important to attend in order not to leave them in the hands of others, but what happens when the agenda does not allow to assist? Is it possible to delegate the vote? The law of horizontal property contemplates this possibility and has included a procedure so that the owners do not lose their right to decide.

What does it mean to delegate the vote?

As the owner of a property, the individual has the right and the obligation to attend all the meetings of the owners' meeting in order to take part in the decisions that are taken regarding the community of neighbors. Article 15 of the Horizontal Property Law (LPH) recognizes the possibility of attending through a representative.

In this way, once all the requirements of the law have been met, anyone can ensure that their right to speak and vote is respected, even if they are unable to attend due to work, personal or health circumstances. This type of representation is also very useful to ensure that the elderly continue to have their interests represented.

What are the requirements to be able to delegate the vote?

The only requirement indicated by law is the obligation to prove the representation in writing. Therefore, as soon as the interested parties know that they will not be able to attend, they will have to sign a proxy authorization. This authorization must indicate the name, surname(s) and ID card number of the authorizing party, as well as the details of the property (or properties) owned by him/her and the coefficient of participation. Moreover, the authorization must also indicate who is the authorized person with all his data, including his identity card or passport.

For this authorization to be fully valid and for the delegate to have the right to vote, it is essential that the owner is up to date with the payments of the quotas. Otherwise, he/she will be able to represent, and give his/her opinion on matters, but he/she will not have the power to make decisions, as is the case with neighbors who attend the meetings.

Who can represent owners who are unable to attend?

Owners who wish to do so may delegate their right to vote to any person. The most common is to delegate it to another neighbor or a family member, but there are also cases in which a legal representative, the tenants of the property or a person of trust is used.

It is important to keep in mind that, if the owner who cannot attend chooses a defaulting neighbor, this one will only have the capacity to vote for the coefficient of participation that he represents. In no case will he/she regain decision-making power over the share of the property that has an outstanding debt. It should be clarified that, although solutions to communicate remotely are becoming more and more frequent, the law does not explicitly allow voting in advance, by mail or by Whats App. When all the neighboring owners are in agreement, this modality could work, but if one of them contests the meeting, it would be invalid.

What documents must be presented to the meeting?

As it has been seen in the previous paragraphs, it is essential that the representative shows, before starting the meeting, the document in which the owner allows him to represent him in the decision making. It will also be convenient that he/she presents an identity document with which he proves that he really is who he/she says he/she is.

As conclusion, it can be affirmed that to delegate the vote is possible as long as a document that authorizes it is presented, as it is regulated by the LPH. In addition, for this to be fully valid, it is essential that the owner is up to date with the payments.