I am living in Ireland,but, own a property in Playa Flamenca, Spain. I recently received an email saying that ,as no one in our Community put themselves forward for President, a name was chosen at random. The person who was chosen has refused the role. It seems that under Spanish Law, (Horizontal Property Law 13.2) the role is mandatory. It seems that in such a case the matter can be referred to a Spanish Judge. I was just wondering, if any of you know, - what penalty can a Judge impose on a person who is not residing in the country and also is this not a type of coercion that a person must take a role???
Posted: Sat Mar 30, 2024 7:13am
Very helpful member
They chose you didn't they? I don't believe it's mandatory but could be wrong. easiest thing to do is accept the role and with you being out the country and not doing anything they will vote you out
Posted: Sat Mar 30, 2024 9:38am
Helpful member
i quite agree with martyn
just play along as president in name only
dont involve with any issues and dont reply to any messagee
thats what i would do
Posted: Sat Mar 30, 2024 9:44am
Helpful member
There isn't a lot the President has to do except work with the Administrator to sign off on various documents and attend the AGM. Some Presidents make themselves very important but I am sure you could delegate some tasks to other homeowners who are there more often than you. I would contact your Administrator and get a working relationship established as to how you would carry out your functions. Most of the time the President is called on for keys to open meter boxes or answer queries from homeowners or contractors etc. None of our Presidents have lived full-time in our Community. I have never in almost 26 years contacted a President. It is always the Administrator I ask if I have a query.
Bee
Bee2 wrote on Sat Mar 30, 2024 9:44am:
There isn't a lot the President has to do except work with the Administrator to sign off on various documents and attend the AGM. Some Presidents make themselves very important but I am sure you could delegate some tasks to other homeowners who are there more often than you. I would contact your ...
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...Administrator and get a working relationship established as to how you would carry out your functions. Most of the time the President is called on for keys to open meter boxes or answer queries from homeowners or contractors etc. None of our Presidents have lived full-time in our Community. I have never in almost 26 years contacted a President. It is always the Administrator I ask if I have a query.
Bee
This information is all very well if you have an administrator who does the job they paid for. If you have an administrator who never answers emails and procrastinates if you ask a question face to face how can it work? Don't even suggest voting them out as too many just don't bother and leave everything to the President who wants this administrator and go along with what she wants. AGMs a joke. No one with scruples attend and has got to the point that they don't vote as no point. Nothing changes.
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Posted: Sun Mar 31, 2024 5:00pm
George M wrote on Sun Mar 31, 2024 11:45am:
This information is all very well if you have an administrator who does the job they paid for. If you have an administrator who never answers emails and procrastinates if you ask a question face to face how can it work? Don't even suggest voting them out as too many just don't bother ...
Read more...
...and leave everything to the President who wants this administrator and go along with what she wants. AGMs a joke. No one with scruples attend and has got to the point that they don't vote as no point. Nothing changes.
If the Administrator is useless make them add an item to “Any Other Business” to remove the current Administrator. I they cannot refuse by law, if they do they can be taken to court by law and they will lose. If absolutely necessary the President could contact a new Administrator to help with the process. Bad Administration does not make for a happy community, get a happy comunity, get a happy President and Adminstrator. Rotate the Presidency every 2 years?
gvkhappy wrote on Sun Mar 31, 2024 5:00pm:
If the Administrator is useless make them add an item to “Any Other Business” to remove the current Administrator. I they cannot refuse by law, if they do they can be taken to court by law and they will lose. If absolutely necessary the President could contact a new Administrator to help with...
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... the process. Bad Administration does not make for a happy community, get a happy comunity, get a happy President and Adminstrator. Rotate the Presidency every 2 years?
I think you missed my point - the President and Administrator are in cahoots . They back each other. Any one who makes complaints are ignored by both or they pass the complaint to each other and you get no reply. The President gets what he/she wants as there are a few long time residents who always vote in their favour and anyone who objects is shouted down. So those who want a well run community don't get involved as they have learned over the years there is no point.
Posted: Mon Apr 1, 2024 3:20pm
Super helpful member
Marycee wrote on Sat Mar 30, 2024 1:53am:
I am living in Ireland,but, own a property in Playa Flamenca, Spain. I recently received an email saying that ,as no one in our Community put themselves forward for President, a name was chosen at random. The person who was chosen has refused the role. It seems that under Spanish Law, (Horizontal...
Read more...
... Property Law 13.2) the role is mandatory. It seems that in such a case the matter can be referred to a Spanish Judge. I was just wondering, if any of you know, - what penalty can a Judge impose on a person who is not residing in the country and also is this not a type of coercion that a person must take a role???
Hi Marycee
Are you in Serena 2 - I've only just caught up with the EGM?
Cheers
Steve
Posted: Mon Apr 1, 2024 11:23pm
George M wrote on Sun Mar 31, 2024 7:13pm:
I think you missed my point - the President and Administrator are in cahoots . They back each other. Any one who makes complaints are ignored by both or they pass the complaint to each other and you get no reply. The President gets what he/she wants as there are a few long time reside...
Read more...
...nts who always vote in their favour and anyone who objects is shouted down. So those who want a well run community don't get involved as they have learned over the years there is no point.
We had one of those scenarios and it took a big effort to get enough votes to remove the President, then we removed the Administrator. Do you receive a set of accounts each year? Are they accurate? I only mention this because if there is anything wrong, you can use this as a vote of no confidence in them.
gvkhappy wrote on Mon Apr 1, 2024 11:23pm:
We had one of those scenarios and it took a big effort to get enough votes to remove the President, then we removed the Administrator. Do you receive a set of accounts each year? Are they accurate? I only mention this because if there is anything wrong, you can use this as a vote of no confidence...
Read more...
... in them.
Good point - accounts are a joke. According to HPL we should be able to see details like receipts ect. and estimates of works. If requests are ignored what then? Accounts have no details of income just a total sum. If you query any of this - no reply from President or Administrator. No one interested in legal route because of expense involved. What did you do?
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