Duty of Officers
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Could somebody please verify the next following questions please?
I am the President of a Community in my second year, at our last AGM nobody came forward to stand as President so i said i would carry out this duty for a 2nd term.
I had a vice President and it was voted on that he would also stand for a 2nd term.
At this same AGM it was voted on that at the next AGM the vice would take over the position of President (fine by me), all this is in the Minutes book.
The problem now is that the vice has e-mailed me and the Administrator to say he is resigning his post.
1) Where do the community stand now ¿
2) With out calling a EGM can the vice, president or other nominated post just stand down?
3) Our administrator tells me he (vice) can’t just stand down and not take up the president’s post ¿
4) If the vice doe’s not take up the post and nobody else stands for President would we have to go down the road of going to court to let a Judge Decide?.
5) Can anybody supply a court case where this has happend so i can look at it please ¿
Regards
Nitram
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Hi Nitram - sorry to hear of your predicament but I can't imagine that anyone can be forced to stay in the role of President or Vice-President if they don't want to. Surely by resigning that is the end of their responsibility?
Our Vice President resigned a while back and we simply did without him until the next AGM and then elected a new person to the role. I suppose the difficult part for you is what to do if no-one else wants the position of President. I know of people who have ended up serving for much longer than they intended, simply because of the fact that no-one else would take over.
Do keep us posted!
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Claire
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Although it is not usual to appoint a president in that way if it was voted so, it is compulsory to hold the office being possible to apply in court for resignation within a month, bearing in mind that the office shall be held by the applicant until the court decides.
So if the Committee refused the resignation it will be the court who decides, within 20 days, through a specific proceedings called ‘of equity’ which is not strictly a kind of procedure but the particular criteria used by the judge to resolve, allowing him in certain cases to do what he thinks is fair. In that case the judge shall appoint a new president who will hold the office until a new one is appointed by the usual procedure established in the Act. In any case the court directs the community to hold an extraordinary meeting.
Among others, court cases related with presidents' resignation were dealt by Court of Appeal Asturias 23th March 1998 and CA Barcelona 11th Oct 2004
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www.fljordan.com
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Thanks Spanishsolictor, just what i thought, but always best to get a second opinion, it would be stupid for us or any community to take yourself to court and pay fees when some owners still don´t understand H.P.L after all this time when they have been told.
Our AGM is in June so will keep you and all what the outcome is if the vice doe´s not take up the position.
Nitram
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