How is the president of a Community of Residents elected?
In order for the election of the president of the community to be valid, it is necessary to follow an election process permitted by the Horizontal Property Law. Not only that, but the person selected must also meet certain requirements in order to be elected.
The first requirement is that the appointed president must be the owner of a property or premises in the community. In addition, he/she must be of legal age and be fully empowered to act.
Although it may seem strange, if a person owes money to the community, he/she can exercise the position of president without restrictions. The law does not say anything about this. However, due to incompatibility issues, the correct thing to do is to elect people who are up to date with their payments.
Accepting the chairmanship is compulsory
Having a president is a compulsory procedure in all the communities of neighbours. Likewise, accepting the office is obligatory. Without good cause a resident cannot slip out of office.
If there is a justified cause, the neighbour in question can refuse the position. To do so, he or she must go to court to justify the reasons why he or she cannot hold the office and request a substitution. This procedure is time-limited; one month from the date of appointment. If he does not follow the protocol within this period, the residents' association can hold him liable.
Procedure to be followed to elect the president of the community
The procedure to follow to elect the president of the community consists of choosing one of the three ways that the Law regulates:
VOTING
Those interested in the presidency present themselves as candidates and the rest of the residents vote. If this method is chosen, a simple majority quorum of those attending the meeting and the quotas is required.
DRAWING
If there are no volunteers for this position, one of the options is to draw lots. The procedure to be followed for the drawing of lots must be chosen by the community and all the neighbours must agree.
ROTATING SHIFT
The rotating shift is another option available if there are no volunteers for the position. This form ensures that in the end all the owners who meet the requirements to be presidents, end up acting as such. They will all serve for the same length of time.