Must vote be taken annually on appointment of administrator.

In the Comunidad de Propietarios where I live the President took it on himself to give the administrator a five year contract, something which many owners believe is illegal. A lot of owners believe that is obligatory to vote annually on the question of who is to be the administrator for the forthcoming year. It used to be easy to confirm that supposition on the Internet. Now it is not so easy.

Having lived here for 34 years I'm fully aware that facts are difficult to come by in this country but any light that can be thrown on the subject would be appreciated. Obviously I'd like to see the source of any information provided.

Thanks in advance.

ehw

This message was last edited by ehw on 05/12/2015.

ehw

The HPA article 13 sub section 7 states

7.         The term of office for all governing bodies of the community shall be of one calendar year unless otherwise provided for by the community statutes.

So check your community statutes for anything different

Good luck

Thanks TADD1966.

Subsequent to posting my original message I too found what you have pointed out, but in Spanish.

http://www.emvs.es/SIV/Documents/Guia%20de%20Comunidad%20de%20Propietarios.pdf     - Page 35.

http://www.comunidades.com/legislacion/comunidades/ley-de-propiedad-horizontal/articulo-13/

The thing is that the Community's lawyer, (abogado), appointed by the administrator with the 5 year contract, says no, it is not necessary to have an annual vote. This flies in the face of what you have found and what I have found. We do not quite know how to move forward, and would like to hear from anyone who has faced the same problem as we are facing. Needless to say our Statutes DO NOT say anything contrary to what the LPH/HPA says.

Thanks for your amazingly quick response. I appreciate it.

No problem

Suggest you go see another solicitor and / or raise a police complaint

A little more reference

http://www.spanishpropertyinsight.com/legal/the-comunidad-de-propietarios-ley-de-propiedad-horizontal-commonhold-law/

My understanding is also that the governing body of a Communidad including its Administrator should be an agenda item at each years AGM.

However as is normal in Spain, different interpretations could be put on each rule to suit.

An official legal protest can be lodged within 30 days of the minutes or an EGM to discuss this issue could be called if25% of owners request it.

Or try this

http://issuu.com/mariadecastro/docs/community_of_owners_spain