Presidents rules - Page 3

Gemily1 wrote on Wed May 4, 2022 2:24pm:

I was President of a community for over 5 years, it is a thankful task, as I saw it the President is a figure head and a go between, between the community and the administrator any problems a member had would normally report to the President, this could be anything from members not complying with...

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... the community rules, to the pool being dirty etc,even complaining that there televisions where not working, if I could sort it out then I would.
Any problems with the aesthetics ie properties not being maintained, then the administrator would send a letter to the owners explaining what needed to be done. If major works were to be carried out on community owned property then this would be discussed at the AGM and the works voted on, unless there was an emergency then sometimes I would make a decision in the best interests of the community. The administer would then get quotes for the works and generally get the job done. 
At no time when I was President did I control any monies belonging to the community or obtain any quotes and ask people to have extortionate works done on their own property, this guy appears to have taken things a bit far and was probably having a bit of a back hander.

Vanessa47 wrote on Wed May 4, 2022 2:57pm:

Thank you for your reply yes I can see it could be a thankless task, but also my understanding as you confirmed president is there to field problems to pass n to the administrators/ management company that’s just one of the reasons we pay them community charges

Our president even though he resigned we have received six page of rules and arguments why he is still going ahead with the works and threats if we do not pay we incurs 10%interest each month outstanding; he also states if we choose to leave works until Oct/ Nov rather than May / June the price c...

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...ould go up

He is still acting as president until AGM July and will put forward our proposal of taking away 6a rule the one which gives him can’t blanch to do almost anything he says he and the committee will rule against having it taken out. On the vote.

We have received sometime ago all the email addresss of owners would we be in some kind of breach if we were to use the emails to contact all the other owners to get their views on this latest problem do you know would we be wrong to do so

The reason I question this is earlier in the year another owner had a problem where a committee member who lived behind him built a shed without permission  this shed impacted on his property and the president changed the rules without.a Vote to allow this committee member to keep the shed at the height which was prior against rules, so this owner wrote to all the owners from the email list to warn them as to what has been occurring with this committee and president, he received a vert nasty letter from the president telling him In was in breach and is not allowed to contact the owners on their emails ( it was the president who sent the list of emails out some time ago)

Gemily1 wrote on Wed May 4, 2022 3:39pm:

It would appear this President is acting like a dictator, community property is owned by the whole of the community not him or the committee. And you own your own property, I don’t see how he can legally force you to pay 900€ for work on your own property, when you can have the work done to t...

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...he same standard and within the aesthetics of the community for a lot less. Personally I would not hand over one penny to this person and I would seek information from the administrator to see what this man is up to.

The only way this acting President can keep this rule 6a is by a vote by the community at the AGM and not just the committee, if the majority of the community owners vote to have this rule taken out then it should be taken out. I’m not sure this rule giving the President absolute power could be legally binding.
He has no lawful right to stop you emailing other members of the community and asking their opinions on this matter, in fact I would email them all and if they are not available to attend the AGM I would ask for their proxy vote in writing, which is legal and go armed to this meeting with as many votes as possible and get rid of this man and maybe some of the committee if they appear to be in cahoots with him.

Go and speak with the Administrator and remember it is them that deal with all monies not this man. This man is not a member of a financial institute and he can not legally require you to pay any interest.

Any legal action by the community against an owner, has to be decided by a vote at the AGM unless this has also been passed previously.

Get as many owners or their proxy votes to attend the AGM and if the work is necessary you must get more quotes, don’t be taken in by this bully.

Good luck, keep us informed.

PS, Also put forward a vote against the committee member and his illegal shed.

Gemily1 wrote on Wed May 4, 2022 3:39pm:

It would appear this President is acting like a dictator, community property is owned by the whole of the community not him or the committee. And you own your own property, I don’t see how he can legally force you to pay 900€ for work on your own property, when you can have the work done to t...

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...he same standard and within the aesthetics of the community for a lot less. Personally I would not hand over one penny to this person and I would seek information from the administrator to see what this man is up to.

The only way this acting President can keep this rule 6a is by a vote by the community at the AGM and not just the committee, if the majority of the community owners vote to have this rule taken out then it should be taken out. I’m not sure this rule giving the President absolute power could be legally binding.
He has no lawful right to stop you emailing other members of the community and asking their opinions on this matter, in fact I would email them all and if they are not available to attend the AGM I would ask for their proxy vote in writing, which is legal and go armed to this meeting with as many votes as possible and get rid of this man and maybe some of the committee if they appear to be in cahoots with him.

Go and speak with the Administrator and remember it is them that deal with all monies not this man. This man is not a member of a financial institute and he can not legally require you to pay any interest.

Any legal action by the community against an owner, has to be decided by a vote at the AGM unless this has also been passed previously.

Get as many owners or their proxy votes to attend the AGM and if the work is necessary you must get more quotes, don’t be taken in by this bully.

Good luck, keep us informed.

PS, Also put forward a vote against the committee member and his illegal shed.

Alfapash wrote on Wed May 4, 2022 4:52pm:

I am a President of 12 years. Under the laws of Horizontal property ownership: The President is the only person responsible for the whole Community in law. The Administrator is not in charge of the Community, they work to the President, however if owners are not happy they can demand an EGM to ad...

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...dress serious issues. Every year there must be an AGM ( except during the Pandemic) and an invitation along with the Agenda and Community accounts, sent to all owners of the Community. I also send out an annual Presidents report with the AGM Agenda. Many owners do not bother to attend, however as soon as there is an issue many come out of the wood work. Every Community in law must have a President, but although many have a Vice President and a Committee, they are not required and not recognised in law. It is nearly impossible to please everyone all of the time.

Communities should also have a Constitution and sets of rules for Pools, gardens and anything they want owners to abide by. These should be set at the time a Community becomes legal by the Community of owners, usually under guideness by the Administrator. Every owner that buyers a property on a Community is bound by these rules, they cannot pick and choose and must pay the Community fees on time, which are normally discussed at every AGM.

I'm not clear on how this issue was passed by the Community if the owners were so against it. In this case serious building defects and costs should have been discussed by the Community and a vote on a way forward to determine a resolution should have been taken and voted for or against passed. The President should not overule the Communities wishes unless serious consequences would occur if building repair work or other problems were not addressed or carried out.

I hope that helps on some points.

Vanessa47 wrote on Wed May 4, 2022 5:41pm:

That’s the issue it was not discussed at the last agm it’s also not major works certainly not urgent, and in fact although the president has graded ours under the worse crack, ( our cracks two in total are hairline and about meter wide, they are barley visable. 

And I believe if we could use our own builders instead of €990 it will cost no more than €200...

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...

But thank you for your feedback 

Cherrs

Alfapash wrote on Wed May 4, 2022 6:33pm:

If that's is the case the President was totally wrong and no wonder they have resigned.  You need a President who works in the best interest of the Community not in there own, especially if they maybe trying for some financial gain. At this time you need value for money as prices are through...

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... the roof. Good luck for the future.