Legality of Committee members

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06 May 2011 00:00 by TandA Star rating. 39 posts Send private message

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Following our recent AGM, the existing President and Treasurer were re-elected along with a new committee. However after only 3 weeks the 2 officers felt their position was untenable due to differences with various committee members so they resigned followed by the whole committee. At the ensuing EGM it was voted to allow spouses and offspring of owners to be able to stand for election to the committee. Consequently 2 relatives of owners were elected, one of whom represents an owner who is on the serious debtors list.
I have 2 questions:
1) Is it legal to allow non-owners to stand for the committee?
2) Can an outstanding debtor vote at committee meetings?

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07 May 2011 18:40 by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

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A NON-OWNER CANNOT be President nor can they be on the Committee.

A DEBTOR CANNOT vote at any meeting.

  ' Do unto others as you would be done by'
         Now a non-smoker !  

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07 May 2011 19:21 by Roberto Star rating in Torremolinos. 4534 posts Send private message

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I agree with Karen, but also it should be noted that normally the appointment of the president is for a term of one year, and he cannot simply resign. He can be removed by a resolution at an EGM, or apply to a judge to be relieved of his duties, citing his reasons for being unable to carry out the role.

I don't think there's any (legal) reason why a debtor cannot be on the committee, or even be president, but as Karen says, of course he cannot vote on anything, and it wouldn't seem appropriate. As for spouses or children being elected, again Karen is correct, but I can't see a reason why the named property owner cannot officially hold the role, but another family member who permanently resides in the same property actually perform the duties on their behalf. Not strictly according to the law perhaps, but since usually it's so hard to find anyone willing to do these thankless tasks, I would be happy that at least somebody steps up to the plate. Of course every community is different, but for example in our small community it's infuriating that some "owners" hide behind the excuse that their wife or husband is the one named on the deed, to absolve themselves of any responsibility whatsoever, whilst still expecting somebody else to ensure that "their" (when it suits them) community is in perfect order.



"Get your facts first, then you can distort them as you please"

Mark Twain




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