Pool Usage and President Powers

Hi wondered if anyone could clarify a presidents powers in terms of changing community rules.

Since inception of the community in my complex there has never been a restriction on using the pool save not too early in the morning or too late at night. Recently a new president has been appointed and he has just placed a sign on the entrance to the pool preventing use between the hours of 3pm and 5pm. No vote has been taken on this issue and no residents were advised of this change prior it happening.

Its my understanding that the President cannot make a change to community rules without a majority vote at either and AGM or Extraoridinary meeting. Is that correct?

This is a change that effects all residents and for my part infringes on my rights as an owner and I know there are quite a number of residents who do not / would not agree with this change.

I don´t want to get too heavy over this issue with the new issue but I would like to point out quite quickly if he has over extended his powers and continue to use the pool as when I wish.

Any advice is much appreciated.

Thanks

Sounds like you have a power  mad  President here. , who needs to be put in their place ASAP

You are right a president can´t change a community rule, they act for the community and do what the majority want ( within the law, with the help of the Administrator ).

Get heavy handed otherwise if they get away with this what will they try and get away with, call a meeting and nip it in the bud today.

Nitram

Just one thing to consider before dumping a president.  Do you have someone to take their place ?

 It's a lousy, unpaid, unappreciated position. 

 In my community it's so ‘popular’  that all the owners’ names are placed in a hat and we draw to see who WILL HAVE TO SERVE  for the next year.  It is not possible to  say you don’t want the job, that you don’t speak Spanish,  don’t live permanently here etc.

The president is only there to carry out the decisions of the community. Personally I would just take down the sign and use the pool between the new 'closed' hours. What can/will he do if you are in the pool between 3pm and 5pm?Will he fine you? He cant. Will he call the police? they won't do anything as it is not in the minutes of any meeting so therefore not a 'bylaw' Will he actually attack you, unlikely. The only way a community can function is by agreement so if lots of owners use the pool between 3pm and 5 pm he cant do anything.

However it is a courtesy that the Spaniards like pools closed around those times so that their children can have their siesta and then be up most of the night making a noise. Ask you administrator if he is aware of this change in the 'rules' and what advice he can give you.

If there are enough of you who agree with your position then get 25%+ of the owners to call an immediate EGM and discuss and vote on the matter. In the meantime I would just carry on using the pool.

Hi

I am vice president of the community I live in and according to our community rules I am not allowed to make any decisions about pool hours or rules for use. I can present my own or other resident's views to our Administrator who will put them on the agenda for the AGM or in emergencies they can call an extra ordinary meeting if necessary. We have had one resident who puts closure of the pool for siesta on the AGM agenda every year and every year he loses the vote! Presidents and vice presidents do have limited powers to make decisions during the year without consulting all the residents but in my experience they tend to be on the minor details for things that have already been agreed at the AGM.

If you have a Gestor or Administrator I would suggest you take your concerns to them as they can perhaps educate your new president on his role and powers etc.

Presidents are answerable to the community as a whole but putting someone who is giving up their own time to make your community better "in their place" is rarely a good idea.

Holiday makers are noisy and what is needed is a bit of mutual respect. Instead of ignoring the sign why not suggest that he replace it with one which says that while the pool is open throughout the day for the enjoyment of all please respect those who want to have a siesta between 1400hours and 1700 hours and keep noise levels to a minimum

Maybe your new President used to be an environmental engineer and committee member at his local WMC back in the UK. If so, the first thing he must do on taking up any new appointment of power, is urgently go to the local stationary shop and get an assortment of permanent marker pens and big day glow posters. He may even try and find a nice big badge that says ‘’President’’.

However do not worry too much. This is a common illness that with modern drugs can now be treated. Perhaps have a quite discreet word with him and take him to the local doctors for diagnoses and treatment. Take the marker pens as evidence.

 Interesting to read all the views on presidents changing rules etc without asking the community.

Can anyone say if  a new community bank account can be opened with community permission - AGM/EGM etc?

Can debtors be denied the use of facilities eg. pool etc?

Many thanks for any replies 

Can debtors be denied the use of facilities eg. pool etc?

Having had 1st hand experience of this i can tell you that our president had the locks changed on the pool gates to very special ones to stop the non-community charge payers using the pool, to date over 3 years and no one who is a non-payer has contested this action, or complained about it,  i don't know if they paid the outstanding charges either, but in the least it stopped them, and their visitors from using what others were paying for.

If they did complain, they had to own up to having community debts, and then all the president had to say is  "Pay the outstanding then use the pool"

...Have the balls to do it and worry about the outcome later

Totally agree Baz

The Spanish legal system lethargy works both ways and anyone wanting to challenge such an action has to get in line with the rest of those waiting not so patiently for the justice system.

Just do it.

Barry

Can anyone say if  a new community bank account can be opened with community permission - AGM/EGM etc?

Presidents, while answerable to the community have executive power to make all the day to day decisions required to run the community. A budget should be agreed at the AGM and provided expenditure is within the budget decisions on service providers do not need to be individually approved at an AGM or EGM so provided the account is in the community's name there is no reason why a meeting would need to be called to change banks to, for example, get a better deal.

By the way a (Spanish) neighbour of ours works as a vigilanté on a gated community in Marbella. He has been told that from this summer he will be required to eject debtors from the pool area!