Replacing a President wita Committee structure

Apologies if this has been covered before, but if a Community wishes to vote on removing its President and replacing him with a new one binding the new one to appoint and elect a committee which did not previously exist, how would this be possible without changing the Bye Laws which, we are told, would require 100% agreement?

 From my reading of the Horizontal Property Law it may be that to create a committee which can make binding decisions regarding running of the community you may need to change your community statutes which would require a unanimous vote (and possibly incur costs if the statutes have been registered)  The first step would be to check your community statutes which your administrator should provide on request if you don't already have these, to see whether this provides for e.g. each portal or block to be represented, which would give the go ahead for a committee (depending on what the committee is for)

I have obtained a copy of a book  by Felix Lopez which includes case law and has lots of useful explanation in there re voting for a president, and also which types of decision need a unanimous vote and which can be carried by a simple majority.  It's a useful read and was sent to our UK address within a few days.  I'm in Spain at the moment and can't find the link we used to purchase but you can see the book here.

http://books.google.com/books/about/Commonhold_Law_in_Spain_Horizontal_Prope.html?id=nCRYZYFeXhoC

I hope this is useful

.QUOTE  ..  to vote on removing its President .......     replacing him with a new one ()A president ? )   binding the new one to appoint and elect a committee

As I said,   you can replace the president by a simple majority vote at an AGM or by calling an extraordinary one.

I do not see the point in making the new president  appoint a committee.  For what purpose ?         

I m sorry for not being clear.

We have a President relected at March 2011 AGM who has failed to deliver on a number of issues

We passed a motion to have a committee of up to 5 people inc Pres, VP and 3 others as it a large community and much work involved as well as trying to keep a tight reign on Pres

Pres accepted committee but maintained he would listen but not necessarily follow majority view, i.e. his decision was final, we had no alternative other than to agree

Administrator later advised we could not change bye laws to implement committee rule without 100% vote

VP is willing to stand against Pres at an EGM provided we get 25% of owners asking for a change of Pres

VP/new Pres states he wants a committee structure, but how can you put this forward at an EGM without changing the bye laws and how can you hold someone to this method as it would appear in our bye laws as with Horizontal Law, any President actually wields complete and unadulterated power and VP only has a say if Pres not available.

A few of us feel a committee would make sense for all concerned  and are prepared to be part of that process but it appears difficult to implement in Spain

Hope this is clearer

hosilverlining

Thanks for the link I will plough my way through it, unfortunately it appears there are no sellers of this book at present, how did you find it?

Hugh.

john

As I believe is normal in spain, it was a majority of those voting at an AGM not necessarily a majority of owners. However that changes little, the current VP was about to put himself up to oppose the President but after a time out, what sounded like an inspiring speech and an agreement to elect a committee, it was decided to continue to support the encumbent.

Since march, a number of things have gone wrong, he has refused to take notice of the elected committee, which I accept knew it had no power at the time.

Work has been undertaken, rashly and money has been wasted, so after 6 months of efective trial a number of us would like to replace him with a structure we should have pushed for at AGM

Back to original question, as Bye laws cannot easily be changed but we would like to ensure a committee runs the community rather than a dictator