I am unable to attend
Are you unable to attend the General Meeting?
No problem. That can happen. But it is important to know that as a co-owner, you still have a voice in the decisions regarding the building.
If you are unable to attend, in many cases you can provide a proxy to someone who will attend in your place.
This way, your vote continues to count, even when you are not there yourself.
Is attendance mandatory?
No, you are not required to be present at the General Meeting.
However: as a co-owner, you have both rights and responsibilities. The most important decisions regarding the building are made collectively by the owners who are present or represented.
Therefore, not attending also means: no direct influence on the decisions made during that meeting.
Am I required to provide a proxy if I do not attend?
No, you are not required to provide a proxy.
But if you do not attend and do not provide a proxy, no vote will be cast in your name. Your vote will then not be used in the decisions of that meeting.
Therefore, it is strongly recommended to provide a proxy if you are unable to attend.
What is a proxy?
With a proxy, you give someone else permission to represent you during the General Meeting.
That person attends the meeting in your place and can vote according to your instructions or according to the agreements you make with that person.
To whom can I give a proxy?
According to the law, you may give your proxy to:
- another co-owner
- any third party, including someone who is not a co-owner, as long as that person is legally competent (i.e., not a minor or someone under guardianship)
One important exception: the Property Manager may never act as a proxy holder, even if they are a co-owner themselves. They can only vote in their own name.
Are you unsure about the practical arrangements in your building? Check the invitation or contact the Property Manager.
Can I give my proxy to anyone?
Yes, in principle you can. You do not have to give your proxy to a co-owner; an external third party can also act as a proxy holder, as long as that person is legally competent. Furthermore, any regulation stating that a proxy is only valid when given to a co-owner is contrary to the law. The only person who may never receive a proxy is the Property Manager. If you are in doubt, check with the Property Manager to avoid your proxy being invalid.
Do I need to submit my proxy in advance?
Yes. In practice, a proxy must always be submitted in advance.
The Property Manager and the meeting must know before the start:
- who is present
- who is being represented
- how many votes can be validly cast
A proxy submitted only on the evening of the meeting is often too late or can no longer be processed correctly.
Therefore: always submit your proxy before the meeting, following the instructions in the invitation.
Can I still decide to give a proxy on the evening itself?
That depends on the organization of your meeting. On the evening itself, attendance and proxies are registered at the start, and many Property Managers will not accept new proxies at that point to ensure the voting process runs smoothly. Therefore, do not assume it is still possible, and preferably submit your proxy on time according to the instructions in the invitation.
Do I need to let you know if I am not coming?
It is not always mandatory, but it is highly recommended.
By letting us know you will not be present:
- the administration can be prepared correctly
- your proxy can be processed correctly
- the start of the meeting will proceed more smoothly
Sometimes this is also explicitly requested in the invitation.
Why is a proxy important?
During a General Meeting, decisions are made that impact the entire building: maintenance, costs, works, contracts, and more.
If you are not present and do not provide a proxy, then:
- you do not vote
- you have no influence on the decisions
- your vote is not represented
Unable to attend? Then a proxy is the way to still have a say in the decisions.
Good to know.
A proxy does not mean you are waiving your property rights. You are only giving someone else the right to represent you during this specific meeting.
You can also often provide instructions on how to vote.
Summary
- You are not required to attend
- You are not required to provide a proxy
- But without attendance or a proxy, you do not vote
- A proxy must be submitted in advance
- The evening itself is usually too late
Not attending? Arrange your proxy in time. This way, your vote continues to count in the decisions regarding your building.