I am seeking urgent advice from anyone who has had to remove the President of a community of ‘horizontal dwellings’.  The President, a Spanish gentleman was properly installed but since his election has not only engaged in autocratic, non constitutional behaviour but has also engaged in a spending spree and a building project which is draining the communities resources.  He refuses to communicate and is hostile to the English speaking representatives.  While we can vote him out next year immediate action is needed to stop him having access to the community funds.  Has anyone experienced such a thing and what steps are available to us?

Andrew, Good Morning…

As much as I sympathise with your situation I fear you may not get much in the way of a response on this forum. Most if not all of the regular contributors tend to live in private non-community locations and will probably never have faced the situation.

I would suggest you put your question to some of the other forums. PM me if you need other forum urls….

Rob1305… any suggestions?

fb

Andrew:

First of all both the appointment and the removal of the chairperson of a residents’ association requires a vote.  Evidently this person was appointed by a majority vote. Yes?

It is important that you obtain (if you do not already have) a copy of the by-laws for the residents’ association (estatutos).  Most good residents’ associations will have an English version of these.  In there you will find out what the chairperson’s powers are and are not.

Next, I would suggest you, and the other aggrieved residents - jointly - consult a lawyer with expertise in such matters.

A chairperson cannot just go “on a spending spree” or engage in any kind of major project/improvement without the matter first being discussed and voted upon at an AGM or extraordinary meeting.  What exactly is he building? 

Any complaint you make MUST be in writing.  So, you can start by sending a registered letter to the chairperson setting out your concerns and requesting a meeting.  Should that produce no results, then consult a lawyer.  Give the lawyer a copy of said registered letter or letters, and provide him with a copy of the by-laws (in Spanish) for your development.

That is my best advice. 

Patricia

 
I am seeking urgent advice from anyone who has had to remove the President of a community of ‘horizontal dwellings’.  The President, a Spanish gentleman was properly installed but since his election has not only engaged in autocratic, non constitutional behaviour but has also engaged in a spending spree and a building project which is draining the communities resources.  He refuses to communicate and is hostile to the English speaking representatives.  While we can vote him out next year immediate action is needed to stop him having access to the community funds.  Has anyone experienced such a thing and what steps are available to us?

I know these situations can be a nightmare. The good news is that a community is indeed covered by law and probably one of the best sources is the David Searl book - You and the Law in Spain, make sure you obtain the latest copy. (I think the publishers Santana now sell it in ‘chunks’ as ebooks)

Then if the president is breaking the rules, you should be able to gain support from the community (hopefully of all nationalities) and get things put right.

I would be amazed in this financial climate if the majority would want to see huge amounts of money spent and wasted.

So get the facts and resolve it constitutionally - suggest you do not get involved in direct confrontation us vs. them will always be difficult.