Presidency

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23 Oct 2008 12:00 AM by blinder Star rating. 1 posts Send private message

Hi, Our community is currently running under the guidance of a temporary president, It's rumoured that if no-one volunteers for the post, then a random draw will be used to decide who gets the presidency and also for the other members of his/her commitee, does anyone know if this is legal?



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23 Oct 2008 3:43 PM by Roberto Star rating in Torremolinos. 4545 posts Send private message

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Horizontal Law section 13:2

The president shall be appointed from among the unit owners by election or, if this could not be achieved, by rotation or by drawing lots. Acceptance shall be compulsory, although the unit owner designated may apply to the court for his/her replacement within one month of taking office, invoking the motives. The judge, following the procedure established in the last paragraph of section 17, shall issue an order as he/she shall see fit, designating, where appropriate, the unit owner who shall replace the president in office until such time as a new appointment is made within the term determined in the court decision. The judge may be equally approached where, for any reason whatsoever, the general assembly found it impossible to designate a president.




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24 Oct 2008 11:23 PM by On a mission ! Star rating in Caleta de Fuste,Fuer.... 52 posts Send private message

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Yes, it's perfectly legal as quoted by Roberto from the Horizontal Laws !!

So why is no-one willing to stand for President then ???

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25 Oct 2008 11:12 AM by vistaverde Star rating. 27 posts Send private message

Why does anyone want to be pres? Because most of those who want the job try to undertake their pet projects and frequently exceed the powers of the pres. The job spec for the pres. is very basic and should not blow anybodies fuse. Look at the HPL. Pres must call the AGM, represent the community - but not necessarily to say anything, and to sign letters admonishing owners who have broken the rules (illegal parking, nude bathing, loud music, use of community property for growing suspicious plants etc). In this and other forums there are many versions of how people see the presidents and the committees power. The president and committee has no executive power. They must carry out the wishes of the last AGM. In times of trouble the administrator has the power to immediately pay for the removal of a dead rat in the pool or any other un-planned event. When presidents and committees volunteer to be on call with their spanners and spare fuses it is purely voluntary. Although often very useful it is not part of their listed duties. In our community we introduced a house rule that limited a president to a maximum of two years provided they were re-elected. This rule was to prevent anyone staying on forever or death or assassination. Our rule also states that the president can only be chosen from owners who live on the community. This applies also when drawing names out of the hat although a more appropriate method might be by throwing darts at a photo gallery of all those eligible. This way we avoid having a long distant president who only visits the community for two weeks a year. Small point - I think the community must have a president and a vice present - other committee members are optional but have to be elected in the same way as the president. Last bit - thank goodness - to answer the original question " Why doesn't anyone want to be pres?" Some time after I finished my 2 year term as pres one owner circulated emails and letters saying I had misappropriated 24000€. It cost me 500€ in legal fees to obtain a public apology - would anyone want to be president when this might happen?


This message was last edited by vistaverde on 10/25/2008.

This message was last edited by vistaverde on 10/25/2008.



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25 Oct 2008 5:16 PM by Roberto Star rating in Torremolinos. 4545 posts Send private message

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Why doesn't anyone want to be president? Vistaverde, you are evidently qualified to enter room 101 , where you will find plenty more reasons and evidence - as if you need any!

A problem arises in a community that is so small, that for one reason or another, there are really only 4 resident owners who are eligible for the role. Having done a two year stint, it's particularly annoying to find that the new encumbent makes themselves so scarce, and the other residents so incompetent / apathetic, that you find yourself in effect still carrying on the role in everything but name. You mentioned death / assassination, but not suicide. Pop into room 101, and you will see that, even in retirement, this could be a serious possibility!

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26 Jan 2009 2:14 PM by tuckswood8 Star rating. 2 posts Send private message

I have been president of our small community for three years after taking over when the previous committee resigned amidst accusations of self interest and misappropriation of funds.  Having encountered all the usual problems as described elsewhere in these forums I feel that three years is enough and have appealed in vain for other owners to take over. The community is a mixed one with Spanish, British, Dutch, French, and Scandinavian owners, with many properties on long-term lets, and some time-shares.  Of the resident owners, two are British and one is Spanish.

The main problem is with a Spanish owner who lives in an adjacent community and has her property here on long-term let. This owner causes more disputes than the rest of the residents put together as she appears to believe that the community rules do not apply to her or to her tenants.  I have been told privately that if I do not continue as president this Spanish owner intends to stand for the office.  She is at present in arrears with her community fees but apparently intends to pay these at the AGM.  On past experience I believe that this would be a disaster for the community.  We do have an Administrator, who looks after the legal side of things and deals with the authorities, but he is pretty ineffective and the majority of the community affairs are handled by me.  The community fees are already high as we have a full-time directly employed gardener who after 24 years we cannot afford to make redundant, and so we are unable to afford the fees of one of the better administrators.

I now understand that a couple of the non-resident British owners are proposing that I should be paid a small fee to continue as president in order to safeguard the interests of the other owners, although nothing has been said directly to me.  I have always believed that the post of president is strictly an honorary one, and that no remuneration can be paid to the president.  Am I correct in this?  Also should a motion to this effect be proposed at the AGM what would be the position regarding the proxy votes which I hold?  I can see major problems if I voted payment for myself!

Any advice would be very welcome as the AGM is tomorrow and matters have come to a head today with the arrival of several owners for the meeting.


 



This message was last edited by tuckswood8 on 1/26/2009.



This message was last edited by tuckswood8 on 1/26/2009.



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26 Jan 2009 3:02 PM by On a mission ! Star rating in Caleta de Fuste,Fuer.... 52 posts Send private message

On a mission !´s avatar

Hi Tuckswood8,

I now understand that a couple of the non-resident British owners are proposing that I should be paid a small fee to continue as president in order to safeguard the interests of the other owners, although nothing has been said directly to me.  I have always believed that the post of president is strictly an honorary one, and that no remuneration can be paid to the president.  Am I correct in this?  Also should a motion to this effect be proposed at the AGM what would be the position regarding the proxy votes which I hold?  I can see major problems if I voted payment for myself!

Isn't it nice to be wanted !!!!!!!!!

A  President's position is normally voluntary with reasonable expenses allowed.

A President may be paid a salary provided it is voted for by a majority of owners. As this is not already on the AGM Agenda, presumably it could be brought up under A.O.B.

If you hold a number of proxy votes, then I think the only thing you can do is get busy and email all those you hold votes for, explain that this may be brought up, and ask for their emailed instructions on tthe issue by return. Then print off all the replies and take them with you to the meeting so that you can produce them if the issue is brought up and there is a vote on it.

I can't think of any other way in such a short space of time !

Good luck !!

 

 



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