Outsider as President?

It is our AGM soon and the president is standing down for personal reasons.

Nobody seems to want to take on the responsibility and it has been advised that lots will be drawn at the AGM to elect a new president. 

Whoevers name is drawn will have to serve the community as president for next year.

It is a difficult situation as there are no residents on our urbanisation and at present  they are all holiday homes......Can we appoint our present Spanish administrator to act as president in the event of no suitable candidate coming forward?

Obviously this would involve a cost but would be better than forcing the job on to a reluctant home owner. 

A President must be a property owner at the Urb he/she is President of.

It doesn't matter if they are not resident but they must be an owner so unless your Administrator is an owner you cannot do this.

in practical terms it would be a conflict of interest for your Administrator to be president.

Karen, I think you can actually be the president even if you are not an owner.

I do know of a few communities on the Costa del Sol that have outside individuals that are paid to be president.

Whether it's right or not is another matter....

Justin

 President needs to be an owner.

Administrator or Secretary/Administrator can be an outsider

Ah ha!

This answers my question.

We have a President that was elected last years AGM (2008) and he is not an owner.

During the AGM I objected to him standing as President as he was not an owner, and after a period of silence the Administrator said that he was allowed to stand as President as he was the representative of a company (the promoter) who owns property.

There was another owner who stood for President, however he did not win the vote.

This year (2009) I did not receive the call to the AGM (which was held just over 1 month ago) and the current President was again allowed to stand for the same reason, and again was voted in.

However, it is my understanding of the HPA, that a person wishing to stand as a representative of a company must be either the Managing Director or the Administrator of that company.

Seeing that he is neither, and further seeing that he has nothing to do with that company as he is not even an employee, I believe him to be an illegal President.

If this is true, and reading below "The Supreme Court   holds that resolutions adopted by owners appointing a president who is not an owner are null and void so it is not subject to any term to contest them at Court.", does this mean that I can just go to the Police Station and Denounce him and the Administrator, as I believe the Administrators are also acting in an illegal fashion?

Indeed I have asked to meet with the Administrators to point this out ... and they have thus far ignored me!

Quote from The Horizontal Property Law...........................

The president holds wide powers and represents the Community between General Meetings. He must be one of the owners, while the administrator can be a professional not owning a property in the Community.

It seems pretty straight forward to me !!!