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We as a community have a problem with the administrator and president who together do not seem to act in favour of our community. After our AGM they wrote the minutes which were no way near the truth. The president actually resigned and walked out at the AGM but this was never recorded. He even signed the minutes although he did not preside over the meeting. He still maintains he is the president even though he resigned in front of thirty witnesses. They wrote the minutes to suit themselves took them to the town hall and had them stamped. They say that these are the only true minutes because they are signed by the administrator and president. I have read the LPA to find out what we can do but it does not seem to cover this point as you have to have the minutes changed by the president and administrator who wrote them in the first place. Is there a body of people i can report this to as we can not seem to get anywhere because everything is controlled by these two people. The president is also the developer and has a majority of quotas. Please can anyone give me an answer to this situation. Where can we get advice or report this abuse of power.
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Hello Wen,
It seems you have a big problem here.
Getting shot of your Presidente will be hard if he/she holds the majority of community shares.
You could have called an Extraordinary General Meeting if you could have got the enough community members to vote for one.
And then voted the Presidente out.
But that will be hard in your case.
We have a couple of members on EOS, Karensun & Roberto, who have 1st hand knowledge of the weird workings of Presidentes and Community Law.
Send a PM to either of them to ask their views.............or they may spot this thread and reply here.
Good luck with it all though..............
Kind regards,
_______________________
FibbyUK
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Having the developer act as president is clearly likely to result in a conflict of interests. However, as Fibby has pointed out, unless you can drum up enough support from other owners to call an Extraordinary General Meeting (25% of owners, or a number representing 25% of the total quotas) it may be difficult to oust him. If you do successfully convene a meeting, I think a majority vote by those present should be sufficient to make a change - but the Horizontal Law can be a little tricky to interpret at times!
I would hazard a guess here that the administrator was also appointed by the developer? This is fairly common, and obviously can present another serious conflict of interest. However, I would also urge caution if thinking about dumping the adminstrator, if this is a newly formed community. Speaking from personal experience, although the apparent conflict seems at first to be not in the best interest of the community, It may be prudent to go along with it for at least the first year, maybe two, before changing. If there are any issues with the new building which need resolving by the developer (and there almost certainly will be), upsetting the developer (president) and/or administrator (developer's close associate / best mate / family member etc.) may also not be in the best interest of the community. Get what you need out of these crooks, before kicking them out of the picture.
Good luck!
_______________________
"Get your facts first, then you can distort them as you please"
Mark Twain
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I may have completely misinterpreted the rules, but I thought that if one person owned multiple properties they could still only have one vote so they don't have an unfair advantage.
We have problems too, our President has sacked the Administrator without holding any sort of meeting or vote. She seems to run it like her own personal fiefdom , has managed to persuade a lot of people to give her their proxy vote etc. so it always goes her way at meetings and we have no idea where all our fees go.
Good luck.
_______________________
Poppyseed
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Each individual property within a community is allocated a "quota", or proportion of the whole, as per the Horizontal Law. This quota should be detailed in the escritura (deed) as a percentage. So if one person, or company, owns multiple properties, they do indeed have a greater percentage "share" in the community than those who only own one property.
Chapter 2, Section 3: An assessment quota shall be allocated to every unit in relation to the value of the building and expressed as a percentage of said value. Said quota shall serve as a coefficient to determine individual unit shares in the expenses and benefits of the community.
If the president has obtained proxy votes amounting to a majority of the total quotas, this would theoretically enable her to swing things her way. I think this would even allow her to dispense with the administrator. However, she must still be accountable for her actions, and all members of the community have a right to know what decisions are made, and how funds are being used. Each year everybody should receive detailed copies of the year end accounts, plus the budget for the coming year. At any time though, any member should be able to see the accounts etc. No matter who has a majority, or how small a share any individual has, it is still everybody's community.
I would suggest that you try to keep as informed as possible about what your president is doing, to ensure that funds are not being misused and that she is not abusing her position - but, unless you are aware of, or become aware of, any untoward activity on her behalf, or feel that she is not looking after the community satisfactorily, it may be best not to rock the boat. Running a community is a thankless task that usually nobody wants to take on. Unless you know anyone else who wants to give it a shot, or, God forbid, fancy taking it on yourself, perhaps you should be grateful that somebody is actually willing to do it!
_______________________
"Get your facts first, then you can distort them as you please"
Mark Twain
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Replied to this post in another thread........think it was 'problems with administrator and president'..............................
After you have recieved the minutes of the AGM you have 30 days in which to disagree ( by Law ) so you need to respond in writing ( you can do it through your lawyer ) so that your comments are noted. You can get everyone else who disagrees to do this too.
If you have enough persons ( I think its 25% of owners ) you can get them to sign a petition to hold an EGM where, if you all get organised, you may be able to sort things out.
Do put your concerns in writing asap.
There is also an official body ( I'm Sure someone will pop up and give you the correct name for this ) who you can go to with regard to the administrator.
This message was last edited by Karensun on 3/12/2008.
_______________________
 ' Do unto others as you would be done by'
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