QUESTION: We have just had our Community AGM. For the election of a new president, two committee members put themselves forward. Neither was formally proposed and seconded. Isn’t this necessary? The successful candidate is a local builder and is currently tendering for work in the community. Is there a conflict of interest in Spain? If so, what is the solution?
S.H. (Costa Blanca)
ANSWER: You are quite right to observe that correct parliamentary procedures should be observed at the Annual General Meeting of a Community of Property Owners. And, yes, the concept of conflict of interest in public positions certainly exists in Spain. The standard remedy is to go to court to overturn this election. That is, if you can find a lawyer to take your case. No Spanish court will oblige a community to follow the procedural rules very strictly. In some communities the owners simply take turns being president, as it is usually a thankless task. In your case, you have a committee which can keep an eye on the builder-president if he tries to abuse his position.
Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.