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I am president of our community, at the June AGM the administrator was voted out in favour of Ammex, their details are below
Its early days but they appear to be a professional operation with offices in Estepona but can I sugest that you contact Marjoleine Garcia for an initial discussion
I hope this helps
Derek Cooke
AMMEX ADMINISTRACIONES SLP
C/ Pandora nº 1 1ºG
29692 - Sabinillas - Manilva
Málaga.
www.ammex.org
Tlf. +34 952 89 07 04
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Riones,
It is the law of property horizontal section 19.3.
I hope this helps.
F.Parkinson.
Jacksons Administradores SL
_______________________
f.parkinson @ jacksonsadministradoressl.es www.jacksons-group.com
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If I am not wrong, one of the function of the AGM is to elect the President and ADMINISTRATOR. So surely a vote should always be taken on whether to re-appoint the current administrator
I wish you success our community has similar problem but the President totally supports the administrator and even keeps paying him extra for the job he does!
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I have just returned from the 'stitch up' AGM. There was a clear item on the distributed Agenda entitled 'Election of the Board' I had everyone's vote at the meeting arranged and all the proxies too, an overwhelming number of votes to vote me into the Presidency. When it cam to the item on the agenda it was suddenly dropped by the administrator and current president. The owners requested repeatedly that the item on the agenda was to be voted on. It was on the agenda. The administrator and President told us that they had been voted for two years last year and there would be no vote this year. The meeting went mad as everyone clearly wanted me as President. But they repeatedly refused to allow a vote. I smell a very large rat. My question is simple . If an item on the distributed agenda clearly states ' election of the board' do we have the right to vote even if the statues state that the board members are elected for two years. What is the point of this item being on the agenda otherwise. It gives the clear impression that a vote will be taken. What is the law. I have written to the President and administrator filling a formal objection. Is that all I can do? Thank you for all your help. Tom ...
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Very sorry to hear of your problems ossie. Certainly, our administrators always ask at the AGM, 'Will you be retaining us?'
I do hope someone can shed light on the legalities of your case. Good luck.
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Ossie1 I was president for 7 years and used the Horizontzl Property act get our community sorted plus I have helped other community get rid of corrupt presidents. I think the president and administrator are 1 year terms only. You can get 25% of the owners to ask for an EGM at any time this cannot be refused and you can vote out the president mid term. Pm me and I can call you on a uk or Spanish land line to help you.
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 Jeff
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Hi Ossie
The extract below is from section 13 of the HPL and seems to give your current President and Administrator the right to do as they are doing.
Are you very sure about the fact trhat the statutes allow for a 2 year term of office because that is most unusual. If that is the case and the statutes are registered properly with the land registry you are probably snookered however you can always call for an EGM you have the suport in writing of 25% of the community owners, not sure what that will gain you though if the statutes are clear in the policy of a 2 year term of office.
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.
If I can be of help don't hesitate to PM me, we have been where you are and it's very frustrating but don't give in, a year passes quite quickly.
Barry
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Thank you Barry, Yes the statutes state two years, very stupidly in my view and because the bank and developer own many of the properties, I am unable to raise 25% of owners. I thought we were in with a chance when the item of election was on the agenda but if that,s the case we will have to loose another year. The existing president could have done the decent thing but his arrogance and self importance prevented him. What is with people and their little titles. He made a total fool of himself and people will remember. It,s the talk of the community. I am very surprised as he is Spanish. Everybody who lives here knows that the Spanish are so polite, helpful and welcoming and fully committed to honesty in their every day life. We seem to have the exception. Spanish people rude and deceitful , surely not. ... May be the President is not Spanish after all, Thank you for all your help. Tom
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ossie, I've been here for 30 years and I'm married to a Spaniard. In my opinion you need the help of a Spaniard, all official Community business must be conducted in Spanish, the only valid minutes of the meeting are the Spanish ones. English translations carry no legal weight.
The statutes of the Community do not override the law. The President and the Administrator MUST be re-elected each year, BUT the administrator may be able to sue for breach of contract. All communications with the current administrator should be in Spanish and by Burofax which is costly. At the end of the day you may be better off contracting a Spanish lawyer.
You have one month in which to contest the minutes. The law does not stipulate a time limit for sending them to owners but judges have the power to decide what is reasonable - effectively one month is what most judges would say.
The sensible thing to do is to ask the Colegio de Administradores de Fincas to provide you with a list of those in your area. I've known Ammex from when they started, they're good but working at their limit which is not so good. I think you'd be better off with an administrator in San Pedro. Once you've got a list you'd be better off asking other local communities who they use.
When calculating numbers don't forget that those in arrears with community fees can speak at meeting but cannot vote. THAT is the law, consequently the banks and the promotor may not have the voting power you think they have.
Good luck.
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I do not object to folk who want to talk about Brexit, this is a free world
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Thank you for helpful advice. It seems such an uphill struggle to achieve any decency. I am literally worn down by the whole process and thinking, let them have their year. I will reassess the situation next year and if I feel the same way I will stand for President. I had unaminous support this year, except obviously from the existing President. He is only here a few weeks a year yet I live here all year round and I take a great interest in the place. It is a pure vanity title for him. If I had someone like me willing to take on this role while I was absent I would shake his hand and thank him. He could do the decent thing but will not. The upside is he looked like a buffoon before all the owners present. I read interesting quote recently, You can hold on to power by fear. You can hold on to power by force But when the people laugh at you and think you a buffoon your days are numbered. I like that word buffoon, I think I will use it more often, at least I havn't lost my sense of humor. Tom ...
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Obviously you know best about what you want to do, I can well imagine that you're worn out but it does seems to me that things have been left rather too late for this year, you've been out manoeuvred and you'd do better in planning for next time. Start very early and think that you will need the help of Spaniards in order to succeed. Gather all the proxy votes that you can and keep track of who will not be entitled to vote because there are always some who will try to. Make an effort to find an administrator, preferably a Spaniard who speaks reasonable English, convince him that you are going to be the next President and I would be very surprised if he refused to help you plan your coup.
Good luck.
Ed
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I do not object to folk who want to talk about Brexit, this is a free world
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I would start soon rather leave it another year. Enlist the help of another administrator who is willing to become the next one. Use an EGM to get rid of the current president who is not under a contract. Also if you have proof that an item for requested or ignored for or the AGM you may be able to sack the administrator for ignoring Horizontzl Law, without penalty. Read http://www.coafmu.org/descargas/lphingles.pdf
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Jeff
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Helo Tom;
Sorry to hear of your problems at your AGM.
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.
The persons designated may be removed from their posts before the expiration of their term of office by a
resolution of the general assembly, convened to hold an extraordinary session.
The statutes do offer a degree of protection to the president in the case of a 2 year appointment that is your case.However as pointed out below by fighter2 the statutes must be registered with the local property registery.
Hence in my view your only opportunity of replacing the president prior to the expiration of his current term would be a EGM ( on the basis that the statutes are registered) ;( they normally are as they are ususally created at the incorporation point of the community).
In your posts you point out that the promotor & bank hold a number of the properties but I would suspect the promotor cannot vote due to community debts & the banks are not in a habit of voting against the majority of the community in meetings, if at all.
Hence it is a matter of raisng the 25% couta of the vote to call the meeting using section 7 above of the LPH to remove the president. I have assisted sucessfully in removing both presidents & administrators with up to 7 year terms in community statues.
Count up your proxy votes you had for the AGM & any one else who was willing to support your appointment and see what they total.
PM me if you need any more help.
F.Parkinson . Jacksons Administradores SL
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f.parkinson @ jacksonsadministradoressl.es www.jacksons-group.com
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