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The Community Law Corner: Article 4
Counting the Double Majority Vote
By José Luis Navarro. www.intercala.com
Solicitor and Property Administrator for Intercala Administration
and
Pete Woodall (Woody's Los Boliches)
This article was first published in the Euro Weekly News Costa del Sol edition in August 2011
A degree of confusion still exists when it comes to understanding exactly how some decisions can be voted on at community meetings.
The first point to grasp is that there are three types of votes and two types of a majority .
A “double majority” is the second and third type of vote mentioned above, this is when a double majority of both the quota coefficients and the owners is required to approve a decision.
It is wrong to think, that a decision has been approved because a majority of owners have voted in favour of it if these owners do not have the majority of the quota coefficients as well. It is also wrong to believe that an owner who has 10 properties in the community has 10 votes, there is only one vote per owner, no matter how many properties an owner may poses.
These points are especially relevant where for example the developers own many of the still unsold properties. The double majority vote of both owners and quota coefficients is essential to protect the rights of all the owners. Otherwise, if the developers had one vote for every property, they would be able to approve whatever they wanted to. Fortunately, owners only have one vote for all their properties and therefore would need to get the votes of other owners to have a motion passed.
Taking this into consideration,three illustrations follow showing how a double majority should be counted at a meeting of owners in a small community of 10 properties. Each of the 10 properties has 10% of the total cuota, the developer still owns 6 of the properties and the remaining 4 are individually owned.
Be aware of this double majority condition next time you go to a general meeting, it's a little tricky but it is a useful aid that prevents developers or owners with many properties bullying your community into doing what they want.
As usual,
We at Intercala Administration strongly suggest you always seek proper and competent advice in all matters regarding the law.
Counting the Double Majority Vote
By José Luis Navarro. www.intercala.com
Solicitor and Property Administrator for Intercala Administration
and
Pete Woodall (Woody's Los Boliches)
This article was first published in the Euro Weekly News Costa del Sol edition in August 2011
A degree of confusion still exists when it comes to understanding exactly how some decisions can be voted on at community meetings.
The first point to grasp is that there are three types of votes and two types of a majority .
- The first is a simple unanimous vote, consent of the whole community, a 100 % participation, this is needed when there are modifications to the quotas or community statues etc.
- The second, a clear vote is needed in favour, by 60% of the owners and 60% of the quota coefficients, usually for changes to installation or cancellation of general services, lift maintenance etc. A double majority decision.
- For the rest, a third type, a vote that requires a minimum of 50% of the owners and a 50% minimum of the quota coefficients. Again double majority
A “double majority” is the second and third type of vote mentioned above, this is when a double majority of both the quota coefficients and the owners is required to approve a decision.
It is wrong to think, that a decision has been approved because a majority of owners have voted in favour of it if these owners do not have the majority of the quota coefficients as well. It is also wrong to believe that an owner who has 10 properties in the community has 10 votes, there is only one vote per owner, no matter how many properties an owner may poses.
These points are especially relevant where for example the developers own many of the still unsold properties. The double majority vote of both owners and quota coefficients is essential to protect the rights of all the owners. Otherwise, if the developers had one vote for every property, they would be able to approve whatever they wanted to. Fortunately, owners only have one vote for all their properties and therefore would need to get the votes of other owners to have a motion passed.
Taking this into consideration,three illustrations follow showing how a double majority should be counted at a meeting of owners in a small community of 10 properties. Each of the 10 properties has 10% of the total cuota, the developer still owns 6 of the properties and the remaining 4 are individually owned.
- The developer proposes to approve an extraordinary fee and the other four owners vote against him. This means, there is 1 vote and 60% of the cuota (6 x 10%) in favour and 4 votes and 40% of the cuota (4 x 10%) against, so the decision would not be approved because there is not a double majority of both owners and cuotas
- The developer and two other owners are now in favour. In this case, there are 3 votes in favour with 80% of the cuota and 2 votes against with 20% of the cuota, this time the decision would be approved as there is a double majority of both owners and cuotas.
- Finally, three owners vote in favour but the developer and the other owner vote against the proposal. Now there is a majority of votes in favour, but there is not a majority of cuotas (30% in favour versus 70% against ) so the motion would not be approved.
Be aware of this double majority condition next time you go to a general meeting, it's a little tricky but it is a useful aid that prevents developers or owners with many properties bullying your community into doing what they want.
As usual,
We at Intercala Administration strongly suggest you always seek proper and competent advice in all matters regarding the law.