Eligibility to stand for Community President

[tuckswood8]

I wish to retire as community president after three years. One person who has shown an interest in taking over is an owner who is several hundred euros in arrears with their community fees. Can someone in this situation be elected as president? There is a motion on the AGM agenda to authorise legal procedings against this owner.

Secondly, can the president of a community be paid a retainer if agreed at the AGM?

Our meeting is tomorrow (26th February) and these matters have only just arisen, so I would appreciate a quick response.

[Paula]

I don't know what the Horizontal Law states about electing a President who hasn't paid his community fees, I doubt that it says anything, but would have thought it unlikely that he would be voted in at an AGM.
It is against the Horizontal Law for a President to be paid by the community, but there are Presidents who get it agreed at AGM's that as President they do not pay their community fees, which is "getting paid" in a roundabout way!

[tuckswood8]

Thanks Paula. I couldn't find anything in the Ley about electing a person who is in arrears, although it would seem to not be ideal ! This owner is the only one who has so far put forward his name unless someone else offers at the meeting.
The payment answer is as I have previously understood things but another owner says that the law was changed a couple of years ago.

[Paula]

Assuming that all owners have received paperwork for AGM which includes a list of non payers, I wouldn't expect that he would get many votes!

The law certainly hadn't been changed regarding payment to Presidents as of less than a year ago as I looked into this very subject. I do know of a President that is actually on a paid salary, he does all the maintenance/gardening and allsorts of other jobs. The community in question are very happy with him doing this, as all in all they are actually saving money.
The idea of a President not paying community fees as a means of receiving payment seems to be a new idea brought about by "British" community Presidents. Personally I think it is wrong, but that is purely my opinion and the decision is of course down to the community owners.

[fljordan]

Even in arrears the president may hold the office if the AGM decide so by simple resolution but he or she is still deprived of his or her voting rights.
Presidents are not normally remunerated; however, the AGM can resolve to consent to remuneration by ordinary resolution (Court of Appeal Santa Cruz de Tenerife 10th Sep 2001) specifying the amount to be paid. (CA ruling in Malaga 16th Jan 2007).
Although discharging the community charges may be deemed as remuneration, it must be specified so in the title or in the Articles. CA ruling in Malaga 19th Jun 06 2006 annulled an ordinary resolution passed by the Owners' Committee of a community in which there was no reference to that privilege in its Articles and the CA ruling in Granada 09th Jun 2006 demanded unanimous consent for the implementation of this advantage.

[Paula]

Although discharging the community charges may be deemed as remuneration, it must be specified so in the title or in the Articles. CA ruling in Malaga 19th Jun 06 2006 annulled an ordinary resolution passed by the Owners' Committee of a community in which there was no reference to that privilege in its Articles and the CA ruling in Granada 09th Jun 2006 demanded unanimous consent for the implementation of this advantage.

That's really useful, thanks fljordan!

[fljordan]

The law certainly hadn't been changed regarding payment to Presidents as of less than a year ago as I looked into this very subject

I am sorry Paula but I have to say that the Horizontal Property Act has never been amended in this matter

[Paula]

That is what I said, I think

[fljordan]

Sorryyyyyyyyyyyyyyyyyyyyyyy. You are right

I owe you a beer