The president of our community of 35 properties has been in office for 20 years and now asks at the AGM for someone to relieve him, but his requests have been in vain. Can the names of all residents be ‘put in the hat’, and the selected person must take office? Many members are of ill health and others only visit here for three months at a time. Is it possible to pay a non-member of the community to serve as president? Our administrator says that Spanish law requires that the community president must be an owner. Is this correct? If a name is drawn out of the hat, can that person refuse to serve without consequence?
M.S. (Costa del Sol)
Yes, the law says that a community president must be a member of the community. A person elected president is required to serve unless he can convince a court judge that he is unable to do so. Perhaps you could reach an understanding with your administrator to take on extra duties in exchange for an increase in his fees. This would ease the burden on the president.
Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.