Can I delegate my vote to another neighbour or to the managing agent?

Question

José Manuel Alburquerque · Accepted Answer

Yes, but subject to conditions. If the neighbour is an owner, you can delegate your vote to them in writing for a specific meeting, even telling them how to vote on each item. If they are not, you can appoint them as your representative, also in writing. If the managing agent is a professional who is not an owner, they could only act as your representative and the law does not expressly address this case. The safest course is to delegate to a neighbour who is an owner or, if you prefer the managing agent, to give them written voting instructions. Delegating the vote or appointing a representative The “Código Civil de Cataluña”, the Catalan Civil Code, distinguishes two ways of voting without going to the owners' general meeting: Delegating the vote, which can only be done in favour of another owner. It must be set out in a written document naming that owner, be valid for a specific meeting and be received before the meeting starts. The document can state how to vote on each item on the agenda. The minutes record who has delegated their vote. Representation, which can be given to another person, such as a relative or a lawyer. It must be evidenced in writing. The representative attends the meeting in your place, with the right to speak and vote. If the flat belongs to several owners, they must appoint one of them to represent them. The flat has only one vote. If the flat is held in usufruct, in principle the usufructuary votes, that is, the person who has the use and enjoyment of the flat, unless the owner says otherwise. But there are resolutions for which the usufructuary needs the owner's express instructions. These are resolutions approving extraordinary or improvement works and those changing the by-laws or the deed of constitution, which is the document that creates the owners' association (the “comunidad de propietarios”). If it is the managing agent If the managing agent is a professional who is not an owner, as is usually the case, you cannot delegate your vote to them in the strict sense. They could only act as your representative. Catalan law does not expressly address this case. If the managing agent is a neighbour who is an owner, you can delegate your vote to them as you could to any other owner. The risk lies in the items that affect the managing agent, such as their appointment, their fees or the approval of their management, on which they would have a conflict of interest. If you still want them to represent you, give them written voting instructions for each item. The safest course, in any case, is to delegate to a neighbour who is an owner and whom you trust. How to do it Prepare a signed document with your name, your flat, the name of the person who will vote for you and the date of the meeting. If you wish, state how to vote on each item on the agenda. If you do not, that person will vote as they see fit. Make sure it reaches the secretary or the managing agent before the meeting starts and keep a copy. In the rest of Spain, the Horizontal Property Act (“Ley de Propiedad Horizontal”) only provides for representation, which can be given to anyone by means of a document signed by the owner.