Can a Presidente change a rule?

 At our last AGM, it was voted that sending AGM votes to the Administrator was no longer acceptable.

Only votes by e-mail, post or in person would be accepted in the future.

It was a unanimous vote and noted in the minutes.

This year, on our AGM paperwork, sending by fax is included as a delivery method for votes to the Administrator.

Someone has e-mailed the Presidente to ask why this is.

His reply was, that he made the decision to included the fax method, as many people did not have access to a scanner and that the post can be slow.

Is he allowed to do this?

Change a rule just because he thought it would benefit certain people?

Don't really understand; you say it was decided that votes could not be sent to the admin, then say that they can be sent by post or e-mail. I don't really see why the method of delivery is significant. If they can be sent by e-mail, what's the objection to receiving them by fax?

Surely, any way of facilitating the participation of as many members as possible is a good thing?

 hi Roberto

Long time no chimp wag!

Anyway, to clarify:

We had always been allowed to e-mail, post, fax or take in person, our voting papers, to the Administrator

Due to a situation arising at last years AGM where the submission/counting/validity of votes became an issue(I won't go into detail on here), it was decided unanimously NOT to allow faxed votes.

I do agree, that to give every method possible to submit votes is a good thing, but our Community voted in this new rule.

So the question remains, is the Presidente allowed to change the rules if and when he decides?

Watch the chimp for the answer.

 Ha ha Roberto!!

So, what can we do about it?

All the AGM paperwork (the AGM is this coming Monday), includes faxing as an option

Can we hang/draw & quarter him, or do we just slap his wrist?!   

Tricky one, since those members who have faxed their votes will understandably expect their votes to count, but at least to make a point, I would take along a copy of the previous minutes with the relevant bit highlighted, and ask the president to account for his dictator-like behaviour. Of course the president cannot reverse a decision taken democratically and recorded in the minutes - but let's face it, how many presidents (or other community members) know or understand the rules? And how can they even be expected to? That's why most communities pay an administrator - to advise and guide the president on such matters (among other things). The whole system needs shaking up in my opinion, but that's another story.

I guess the president made this decision to make his or other member's lives easier. Perhaps he was under pressure from others to accept their faxed instructions. Hopefully there won't be a repeat of last year's problems when checking votes etc., and then it needn't become a major issue, but I would at least want it noted that he made an error and should not do it again.

 Yes, I can understand how it must be a nightmare even to remember what rules there are!

And this rule, sounds trivial, but was brought about in not so trivial circumstances.

I think your wise words of advice are the answer, thank you

You should have been an owl!!!

That part was already taken, hence I got the role of bear-philosopher.

 Love it!

Nice to talk to you again, thanks & take care

Mwwah!

xx

I am president of our community and normally all channels are open for communication but when it comes down to voting the proxy form MUST be completed as to who is to vote on thier behalf and duly signed and dated it has to be sent to the Administrator before the meeting, we do no accept any other form of vote, other than in person.

It stops any fraudulent votes to sway decisions.

I know lawfully the proxy can vote whichever way they want,  but I also include a box saying for or against the proposal the only time the proxy can vote the way they think best is in the AOB part of our AGM

Can someone advice me as to whether the president can change the maintenance company of the community before the AGM? Does it need to be voted upon by the community?

Or can the president change the maintenance company when the contract ceases before the AGM.

Much appreciate your assistance on this matter. Thanks

Yes, I don't see any reason why not, but of course, he is accountable for his actions and must always be able to demonstrate that any decisions or actions he takes are in the best interest of the community. If he doesn't obtain quotes from alternative providers and just goes right ahead and gives the contract to his brother/cousin/nephew etc. etc., well, he can expect repurcussions!

Thanks, much appreciated. 

On the other hand we can say its a thankless job and this sounds very picky. Perhaps you should put yourself forward to be the president next year and then you can be critised on an open forum.

In the end, with all this negative posting against presidents, most communities in Spain will either end up with the wrong type of person standing as a president, ie someone who is in it for himself,  a dictator or, the role will be picked by lottery from all the owners.

Yes they have to do the right thing, but to constantly pick on every small decision they make is just plain silly.

Not too sure who you think is being too picky? I would say changing the maintenance company is quite a major issue, so it seems reasonable to me that someone might at least want to know whether or not this can be done without consulting other owners and perhaps taking a vote. Absolutely agree that nit-picking minor issues is an unwelcome annoyance for the poor sod who's got landed with the job because the very same nit-pickers couldn't be ar5ed to do it themselves, but on the other hand, when the biggest problem facing many communities is the general all round apathy & refusal to accept personal responsibility as a property owner, as a pi55ed off and fed up president, I'd be only too happy if more people took some interest and got involved.

Just a thought who voted the President into post  then ?

Really not sure what point peeps are trying to make here. Did nobody ever vote for labour and then have a little winge during the last decade or so? I know as well as anybody what a thankless task it is, and on top of all the day to day crap that comes with it, the last thing any president wants is intefering busy-bodies; but unfortunately as part of the territory, you simply have to accept that it's not your community alone to do as you please. 

I was referring to the faxing of voting forms not the maintenance company. I agree if there is a major change like that it should be voted on at the AGM with tenders presented etc.

With the fax issue, I am sure some owners could argue they are being ignored if they cannot fax their proxy form. Ie non Spanish residents for example who do not have the necessary skills to scan and e-mail a document. The most important issue here is that all owners are given the right to vote and it should not be made difficult for them to do so.

I know that changing the administrator would require a vote at the AGM or EGM, but as not sure about the maintenance company.  It is a major part of the budget so I was not certain about the process.  The reason I have not asked the administrators is because I know that it is in their interest to keep the present maintenance company. 

We as members, have no issues with the present company, they have done are are doing a good job.  The president, although reasonable, does not communicate well with the foreign owners. The company's contract is due in June and we heard that the president is going to change the company hence, my quiery.

The contract is up for renewel in June, our AGM is not till October.  If he does change the company he will have to justify his decision at the AGM.  The new company will have to ensure that they are as efficient and cost effective as the present maintenance company.  It could be that he is trying to cut costs, but it is only a guess.

I thought that he had to wait till the next AGM to present the quotes from other companies. 

surely knowing this contract was coming up for renewal it should have been discussed at the last AGM unless your President has found a cheaper option