The Comunity President May Not Be A Legal Resident

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20 Oct 2017 15:49 by JamesJ Star rating. 2 posts Send private message

Our president has been in place 4 years now and been living in Spain at least 6.

I have recently heard he has not registered to stay in Spain, still uses his UK ehic card etc.

Now this is not a personal issue, nor am I intending to make any details public and my info is 3rd party, not official.

I am only concerned if this would affect his President role and our protection as a comunity.

I do know for example that owners living in the UK and paying tax in the UK can still be President.

But ---

Should an insurance claim be made that relates to the president. Could the insurance company refuse a claim based on the fact he should not be here in Spain. (similar to an uninsured car on UK roads. It shouldn't be there!)

Should anybody persue a legal claim against the community (the president.is the one that gets sued). Could there be any legal implications that would put the comunity at risk.

I again stress, not trying to get anyone into trouble and my info is 3rd party, but I think it is right, we as a comunity know that our insurance and legal protection is still fully valid, with a non legal reisdent in the role of President.

 

 





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21 Oct 2017 09:58 by steone Star rating in Santiago de la Riber.... 385 posts Send private message

The only criteria for being a president is that one owns a property in the community. Any owner, irrespective of where they are 'resident', can be president unless, at an AGM, it was voted that the president must be insitu. I have never heard of that happening and where I live many many non residents have been appointed president and the respective insurers have paid out claims where necessary.

I do not fully understand your question  regarding "an insurance claim made that relates to the president". If you mean a claim against the president personally then that is nothing to do with the community whereas if you mean a claim against the community then it is nothing to do with the president unless it can be shown, legally, that it was due to his/her negligence.

To use the old vernactular, I think you are getting your underwear in a twist and there is nothing to worry about.

 



_______________________
Stephen



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21 Oct 2017 11:07 by JamesJ Star rating. 2 posts Send private message

Thanks for you reply.

It is probably my lack of knowledge.

I thought, it was the president who got sued for comunity things (as a representative) but it wa the comunity insurance that covered him.

Clearly I was wrong.

Thanks again





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