How to elect president?

Q.- I’m president of my community of 75 owners, for the second time. My concern is that Spanish law only allows for nomination of the next president if that person agrees to accept. Unfortunately, 80 per cent of the owners aren’t here all of the time. The owners who are here all of the time are unwilling players.

1) Could we put all of the names in a hat, and keep drawing until we get a full time resident?
2) Could I call an EGA, to request a ballot, to assign presidency to one of the full time resident owners?

S M (Costa Blanca)

A.- Yes to both your ideas. Note that a member who wants to refuse election as president must give valid reasons for his refusal and he may be called before a judge who can rule to accept or reject them.

Now we have several options. Many Spanish communities simply take it in turns to be president. In your case a member’s turn would only come up every 75 years. To mitigate the absentee owner situation, you could vote to empower a resident vice president with all powers needed in a suddden emergency.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090