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Thread: Election of President

  1. #1
    Join Date
    Dec 2004
    Location
    Morpeth & Bosque III
    Posts
    96

    Default Election of President

    Our Community President is retiring and no one will take on the role voluntarily. We have been told that all homes will go into a hat and the one drawn out will be president and that this is the law.
    If this is true I need to know
    1. Is it houses that go into the hat or owners names, most houses have more than one owner, if it is houses which owner has to take the role on?
    2. Some houses are still owned by the builder, we have been told that these are included in the draw. Is this correct?
    3. We have debtors on the community and it has been said that these also go into the draw is this correct?
    4. Some houses have been repossed by Banks. Are these also included in the draw and if so does that mean the Bank nominates a menber of staff as President?

  2. #2
    Join Date
    Dec 2012
    Location
    Orihuela Costa
    Posts
    75

    Default

    According to the "Horizontal Property Law", a community cannot be left without a president. So if the existing president is retiring, there are two options for the community to go: either a new President is chosen at Court, by a Judge, or chosen by the owners at the AGM. Option two is preferred, as simpler to organise, and once the new AGM is appointed, then at that point the participant owners (or represented via proxy) can vote for a system to share presidency of the community in turns, a system that is accepted by the majority of the owners.
    Kind regards,

  3. #3
    Join Date
    Dec 2004
    Location
    Morpeth & Bosque III
    Posts
    96

    Default

    Thank you for your reply but it does not address my questions, unless you are stating that the when no one voluntarily accepts the role of President it has to be refererred to the court and not the process of placing homes into a hat(bag) and drawing one out which I have been led to beleive is what is contained in the Horizontal Property Act.
    If the process is to draw out of a hat then as per my questions above what happens in those situations?

  4. #4
    Join Date
    Dec 2012
    Location
    Orihuela Costa
    Posts
    75

    Default

    Correct, if no one offers to be president, the retiring one has to refer the election to the Court.
    Or set up an AGM where and there all the attending members chose a system to elect a new one (which can be the hat picking system). If you chose the system at the meeting, then you can solve the situation for future years. This is simpler to organise, as I mentioned before.

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