Authorization Model for Representation in Homeowners' Meetings

Discover how to draft a valid authorization model to delegate your vote in homeowners' meetings, in compliance with the Horizontal Property Law and the new European regulations

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When to use this Authorization Model for Representation in Homeowners' Meetings?

Ordinary administrative management.

A Belgian owner residing in Paris delegates to a neighbor for the routine annual meeting. As it involves approving accounts and renewing positions without extraordinary financial impact, they draft a generic mandate with an electronic signature for their representative to vote based on the discussions.

Voting on assessments for energy rehabilitation

Faced with an extraordinary meeting to approve an assessment of 800,000 euros for photovoltaic panels imposed by the EPBD Directive, an absent owner grants their representation. To avoid risks, they do not sign a blank check but issue a binding instruction requiring the representative to vote in favor of the work, but denying permission to contract collective bank loans.

Cross-border application due to cognitive vulnerability

A foreign owner suffers from advanced Alzheimer's and cannot draft the authorization. Their attorney attends the meeting and, instead of the traditional model of the Horizontal Property Law, presents the European Certificate of Representation, obliging the administrator to immediately admit it to exercise the vote.

Exercise of rights as a consumer.

A co-owner receives a template from the administrator that includes a clause exonerating the representative from liability. Aware of the protection of Directive 93/13/EEC on abusive clauses, the owner strikes out and nullifies that specific provision before signing, safeguarding their economic rights.

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What does this Authorization Model for Representation in Homeowners' Meetings include?

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Frequently asked questions about Authorization Model for Representation in Homeowners' Meetings

What information is essential to draft the authorization model?

It is mandatory to include the full identification of the owner and the representative, including ID, NIE, or passport.
The exact reference of the property (apartment, premises, garage) and its participation coefficient must be indicated.
The date, time, and nature of the meeting (ordinary or extraordinary) must be specified, along with the owner's signature and the date of issuance of the document.

Must the owner present the authorization in person to the administrator?

No, under no circumstances is the personal appearance of the principal mandatory.
The representative themselves can deliver the document to the meeting table on behalf of the owner when the roll is called.
Advance electronic delivery to the community secretary's email is also fully valid, provided it guarantees the authenticity of the sender.

Is it legally valid to sign the document digitally instead of by hand?

Yes, the eIDAS 2.0 digital identity framework consolidates the absolute value of electronic signatures.
An authorization signed with a qualified electronic signature is presumed to be intact and has the same legal effect as a handwritten signature throughout the European Union.

What happens if the authorization does not include all the required data?

The omission of any mandatory requirement empowers the meeting table to reject the representative's accreditation.
Consequently, the participation quota of the absent owner will not be counted for the quorum, and their right to vote will be suppressed.

Can the owner revoke the representation if they change their mind?

Yes, the mandate is based on the principle of free revocability at any time before or during the meeting.
The most common and incontrovertible form of revocation is the simple physical or electronic appearance of the delegating owner at the assembly, which nullifies the delegation by law.

How does the law protect me against models drafted by property management?

The Court of Justice of the European Union establishes that co-owners act as "consumers".
If the provided model contains non-negotiated abusive clauses (such as generic waivers to challenge agreements or default voting instructions), these may be considered null under Directive 93/13/EEC.

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