Paphos People

We have recently formed a committee and agreed a constitution for our jointly owned property. Major decisions are now put to the vote to all the owners through committee recommendations. A 51% majority carries the vote.

We have established a practice when organising votes that owners are told that a non response from them will be counted as a ‘yes’ vote in favour of the committee recommendation, in line with what we have been told is common practice on the Island.

We have never needed to use this provision to date but it is included in our procedures to encourage owners to respond in a timely way and also to ensure that important business cannot stall in the event of lack of interest, apathy or other inability of some owners to vote in time (either for or against proposals).

We have not needed to rely on this clause to date as we get good participation.
Can anyone tell us what the legal position is in adopting this practice?

Thank you.

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