OUR urbanisation has 100 properties, but only 12 of these properties are owned by full-time residents. Seven of these residents have already served as president. Our current president and vice president will stand down this year. At present there are no volunteers for these positions. We were informed at our last AGM that, if no volunteers came forward, the names of the five permanent residents who had not previously been president would be put in a hat and one of them chosen at random. This is a list of only five names. Are the owners who are not full-time residents equally responsible for the urbanisation? Should their names also be legally included in this selection?
N.K. (Costa Blanca)
NICE try. Yes, the absentee owners are equally responsible for the estate. But, no, there is no ‘legal’ requirement for them to serve. If the Community members voted at the AGM to choose the president by lot from the full-time residents, this is unfair but perfectly legal. Perhaps the Community could sweeten the deal by, say, exempting the president from Community fees?
Send your questions for David Searl through lawyers Ubeda-Retana & Associates in Fuengirola at [email protected], or call 952 667 090.