Community President resignation

Information and questions about the Law in Spain and Andalucia.
pensure1988
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Community President resignation

Postby pensure1988 » Wed Oct 30, 2019 10:01 pm

Our President of 5 years has just called an EGM to resign despite being re-elected only last month.
According to my knowledge, a President can only resign at an AGM and NOT an EGM )Horizontal Property Act) ??
Any thoughts on this?

Thank You

David

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costakid
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Re: Community President resignation

Postby costakid » Thu Oct 31, 2019 8:49 am

I suppose as he doesn't get paid he can do what he likes within reason. Its his life. May be ill or something and doesn't want to disclose this info.

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fincalospinos
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Re: Community President resignation

Postby fincalospinos » Thu Oct 31, 2019 9:16 am

In theory the President remains in office for 12 months, however he/she can resign at any time either for reasons of health, or if they are no longer a property owner within the community.
According the the Horizontal Property Law, the Vice President then takes over for the remainder of the term.
If there is no Vice President, then a new President should be appointed.
Here is a quote from the HPL;

"2. The president shall be appointed from among the unit owners by election or, if this could not be achieved, by rotation or by drawing lots. Acceptance shall be compulsory, although the unit owner designated may apply to the court for his/her replacement within one month of taking office, invoking the motives."
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fincalospinos
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Re: Community President resignation

Postby fincalospinos » Thu Oct 31, 2019 9:36 am

Here is a link to the complete Horizontal Property Law in English and Spanish.

https://docs.google.com/file/d/0B7OLeVV ... edit?pli=1
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