Article 38. The Voting Rights of the Owner

(1) The charter establishes the voting system at the general meeting:
a) the exclusive ownership of one unit grants the owner one vote at the general meeting, with equal weight to the votes of other owners (one unit = one vote); or
b) each exclusive ownership of one unit grants at the general meeting a proportional voting weight according to the size of the share pertaining to that unit (voting proportional to share).
(2) If the charter does not stipulate the voting system or there are contradictions in the charter’s provisions, the following applies:
a) at a general meeting of the association managing a residential condominium, the system provided for in paragraph (1) letter a) applies;
b) at a general meeting of the association not managing a residential condominium, the system provided for in paragraph (1) letter b) applies.
(3) The list of owners entitled to participate in the general meeting can be modified at the registration stage if the owner presents the necessary documents for their inclusion on this list.
(4) The owner (or their representative) does not have the right to vote on the following matters:
a) their discharge (or that of an affiliate) from obligations or liabilities to the association;
b) the conclusion of a juridical act between themselves (or an affiliate) and the association;
c) the initiation of a legal proceeding between themselves (or an affiliate) and the association;
d) the investigation or evaluation of their activity (or that of an affiliate) or, if they are a legal entity, their representative’s actions as a member of a body of the association.
(5) When establishing the quorum of the general meeting and the voting requirement for the resolution regarding the matters provided in paragraph (4), the owner who does not have the right to vote is not taken into account.
(6) The provisions of paragraphs (4) and (5) do not apply if the owner holds a larger share than the necessary quorum. In this case, all juridical acts between the association and the respective owner will be made in writing.
(7) At the general meeting, regardless of the form it takes, the owner may participate personally or through their representative, whose powers will be made out in text form. The participation of the representative at the general meeting does not deprive the owner of the right to participate in the same meeting (with the right to vote only for one).
(8) The maximum number of owners who can be represented by the same person is provided in the association’s charter, but cannot be more than 5. In this case, the representative is allowed to register as the representative of the owners within the legally permitted numerical limit.
(9) The owner of the residential unit may be represented at the general meeting by a first-degree relative without confirmation of the powers if they have not communicated otherwise to the association before the meeting.
(10) On each issue put to vote at the general meeting, the owner may vote either “for” or “against”. An owner present at the meeting who does not express their vote is considered to have voted “against”.
(11) If the unit is encumbered by a right of usufruct, use, or habitation, the right to vote is exercised according to Article 615 of the Civil Code No. 1107/2002. The same rule is applied by analogy in the case of a contract for the transfer of a residence on condition of life-long maintenance.