Presidents of communities

 Can a president resign and then stand again a year later?

Why would you resign and then stand again ????

 Its not me, but we have a past president who resigned in a temper and is now threatening to try and return..we have heard that once you have reisgned you cant do it again...hope that is correct

As i understand things anyone that is an owner (and not a debtor) can stand, and any one else outside of that group providing the owners agree to that appointment at the AGM.

Do you mean that they resigned mid-term (perhaps causing an EGM)? I don't know if there are any rules about this, but if the rest of the owners don't want the person, then they shouldn't vote for them.

Asany OWNER can be required to the President, even if they do not want to be, I do not see how a president  can resign.  I suppose it would amount to the president requesting to be allowed to be replaced..

A couple of years ago my community did not have a volunteer so they were going to put all the owners names in a hat and draw the president. The following year the President’s name would not be put in the hat and so it would go each year.

I am pretty sure that no one who is not an owner can be president.

The President of my community called an EGM because he stated he was resigning, due to a disagreement with another owner, over remarks he alledged the owner had made.  At the EGM,  where we would have had to vote in a new President, he stated that if said owner apologised, he would carry on as President. Said owner did  apologise, and the President continued in his position, and in fact did so for the next couple of years.(Voted in, of course).

Yes the President has to be an owner. If there are no volunteers then yes, an owner's  name can be picked from a hat, regardless of whether they are resident or non-resident. This happened on a nearby community.

 Hello ;

 Firstly you must be a owner to be elected a president.

A president can only be removed by a court or after his term by a AGM .In the case were he wishes to cease his duties the 2 options open to this person are to apply to court with the reasons why or to call a EGM ( president has the power to call the same at anytime). At this meeting a new president can be elected.The court route is generally the favoured one when a person has been drawn from the hat at a AGM.

It is worth also consulting the community statutes ( if in existence) prior to deciding to run for the post as some communities have a longer term written into them for more than 1 year.The above remedies are however still available to a president in this instant.

I hope this helps.

F. Parkinson  Administradore

This message was last edited by Jacksonsadmin on 16/09/2012.

Greetings

I understood that the president is appointed for 12 months.

The appointment is made by the community of owners - eg. the owners who voted at the meeting - or drawn out of the hat.

Most owners will be apprehensive about being drawn out of the hat  but the duties of the pres. are not demanding especially if you have a good administrator.

The meeting also can appoint a vice-pres (or two) to cover during absence or incapacity etc of the pres.

The views expressed in this forum are most helpful as many communities seem to makeit up as they go along.

Thanks.

How can you get rid of a President, if he is not going voluntarily?

 Hello; Most communities await the AGM & have lined up between the members a new management board  including the president's post.

At the AGM the exisitng president may decide not to stand again as he / she  does not want to continue in the post for their own reasons or it may be also that at the meeting they do not feel the members where happy with their efforts.If they decide to run again for the post the elections by member's votes will decide between all candidates for all posts.

If there is reason to want to change a president within the term of their presidency and 25% or more of the community want to support this then a EGM can be called by serving notice of the same in writing  with record on the community secretary ( often the administrator also).

Then providing there is a candidate(s) to stand against the president for the post the members will decide by vote.

It needs to be noted statutes of the community may state the notice period reqired for a EGM. In addition statutes can also state a longer service period for the president than 1 year but it should always be noted the national law of Spain for communities is the higher authority.

I hope this helps.

F.Parkinson Administradore

 Decordiva

We did exactly that last year to rid ourselves of a President who had overspent on budget by 50,000.

Believe me, in a holiday resort it is not easy to get 25% of owners to actually fill in a frm asking for an EGM but with lots of effort we acheived it and someone else stood as President even though the previous encumbent challenged the legality of the EGM.

You need, either a sympathetic Administrator or a very good communication network to contact all owners