75% owners vote

[WillowTree]

Dear Nigel,

I am looking for some clarification of the 75% rule for voting.
is it:
a. 75% of all owners
b. 75% of owners eligible to vote,(up to date with their fees).
c. 75% of owners eligible to vote and who bother to reply.

Many thanks in advance

[Nigel Howarth]

Hi WillowTree

Looking through the law, it states "by decision of the owners of at least seventy five per cent (75%) of the jointly-owned property"

That is not 75% of the owners, it's the owners of 75% of the jointly-owed property. (The percentage of the jointly-owned property that each owner owns is shown on their Title Deed.)

It makes no difference as to whether those owners are fully paid.

Regards,

[Pantheman]

Hi WillowTree

Looking through the law, it states "by decision of the owners of at least seventy five per cent (75%) of the jointly-owned property"

That is not 75% of the owners, it's the owners of 75% of the jointly-owed property. (The percentage of the jointly-owned property that each owner owns is shown on their Title Deed.)

It makes no difference as to whether those owners are fully paid.

Regards,

Nigel, is it not the case that an owner who is not paid up does not have the right to vote??

And how can the MC know what's on everyone's title deed?

And what if there are no title deeds.

I will read the law again as I thought it was 75% of the owners, although I could be wrong.

[Nigel Howarth]

Hi Pan

If the law said 75% of the owners of the jointly owned property, I'd agree with you. But as it says:

"The owners of the units of jointly-owned buildings may draw up Regulations and amend, revise, replace or revoke them by a decision of the owners of at least seventy-five per cent (75%) of the joint ownership, except if a different percentage is prescribed by or by virtue of this Part in relation to any specific matter."

it seems to refer to the percentage of the ownership (which is shown on the deeds), rather than a percentage of the owners (as it says elsewhere in the law.) And as a percentage of the ownership, everyone should have a vote. If only (say) 50% of the owners were entitled to vote, you would never achieve the 75% of the joint ownership needed.

I admit I maybe talking twaddle and perhaps it would be worthwhile looking at the law in Greek (it can be found at 38R. (2) of the official English translation) or perhaps taking legal advice?

Cheers,