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José M.
José M., Attorney
Category: General
Satisfied Customers: 4612
Experience:  Spanish Attorney
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I live at La Manga in Spain where we have some 20+ communities,

Resolved Question:

I live at La Manga in Spain where we have some 20+ communities, each with its own elected president. The whole thing is brought together as a General Community, headed by a "senior" president, who is elected separately.

The position of General Community president is about to become vacant and the election of a new president will take place at the next AGM. However, the outgoing president has made it clear who he wants to follow in his shoes and drawn up a questionable election process. Namely; only community presidents can vote as they are the only ones regarded as being members of the General Community, and only community presidents can be nominated for the position of GC president. This does not see correct to me.
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.

Attorney3044 :

Hi i am an sapnish attorney and I will answer your question now

Attorney3044 :

please wait for a moment

Attorney3044 :

According to the article 24 of the law

Attorney3044 :

He is right

Attorney3044 :

The General Community president is chossen from the presidents of the each comunity

Attorney3044 :

Read it at the 24 article of the law

Attorney3044 :

I will be here if you need more information

Attorney3044 :

The aforementioned master community shall have the same legal status as communities of property


owners and shall be governed under the provisions of this Act with the following specifications:


a) The general assembly of property owners shall be formed, unless otherwise agreed, by the president


of each component community in representation of its individual unit owners;


b) the adoption of resolutions for which the law prescribes qualified majorities shall require, in turn, a


prior appropriate majority at the general assembly meeting of each one of the communities


belonging to the master community;


c) unless the general assembly decides otherwise, the provisions of section 9 concerning a reserve fund


shall not apply to the master community.


The powers of the governing bodies of the master community shall only cover common immovable


elements, roads, installations and facilities or services. Their decisions shall in no event impair the powers


of the governing bodies of the component communities.

Customer:

The General Community President is not a president of an individual community, so I do not understand master community concept. His main task is to oversee the common services which link all communities together. So I fail to see why such a person has to be a community president.

Attorney3044 :

The law is clear in this point. read the articles, I think its clear.

Attorney3044 :

24.3 I have pasted it for you to read it

Customer:

So the only members of the General Community are the community presidents.

Attorney3044 :

Yes, you got it

Attorney3044 :

The co owners choose his own president

Attorney3044 :

And the president choose the general one

Attorney3044 :

that it is

Customer:

And the the only people who can stand for the position of GC president are the individual presidents?

Attorney3044 :

yes

Attorney3044 :

So, to be the general president you has to be a president of your own prsident, unless they decide another person

Attorney3044 :

The usual rules its that has to be one of the presidents, but they can choose another person

Attorney3044 :

But as usual he is one of the presidents

Customer:

So how do individual owners influence selection and voting as all presidents meetings are held in private. We have no idea who will be nominated and what theirs "skills" are until the AGM; then we can not vote.

Attorney3044 :

The influence and the power its when you choose your own president

Customer:

By then it is too late for this important issue.

Attorney3044 :

Well, it could be to late, but it is how it works...

Customer:

What is the point of having an AGM if individual owners have no voting rights? Over the past couple of years the currents president has always called for a show of hands, from the floor, for his re-election. Makes no sense.

Attorney3044 :

Well, you vote in your own comunity and the president in the general

Attorney3044 :

You could ask for a change of president,

Attorney3044 :

I can no explain your situation I just could try to explain the law

Attorney3044 :

I will be here later on, if you need more information I will answer you asap

Attorney3044 :

Thank you

José M., Attorney
Category: Spain Law
Satisfied Customers: 4612
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you

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