Choosing the president

0
Q.

ONE of our owners has queried the article ‘Who shall be president’ in the EWN dated Sept 7, 2016. The owner emailed a copy of the ‘Horizontal Law.’ He questions your answer about electing a president by lot from full-time residents and not from all owners. Has the text below been superseded or does it still stand? “If no candidate presents himself or herself for election as president, the Horizontal Property Law lays down that the president may be chosen by lottery. The names of all owners are put in a hat, and the lucky (or unlucky) name chosen becomes president for the year.”

J.B. (Costa Blanca)


A.

THE Law of Horizontal Property states in Article l3.2 that: “The president shall be chosen from among the owners in the Community by election or by turns in rotation or by drawing lots.  Acceptance shall be compulsory…” This is a direct translation from Spanish to English.  The law does not say, ‘all of the owners.’  Your questioner has a freehand English description of the Law, which is basically correct. However, the absence of one word makes a big difference in this case.   The full-time residents can protest.


Send your questions for David Searl through lawyers Ubeda-Retana & Associates in Fuengirola at [email protected], or call 952 667 090.

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