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Professional Advice

administrador de comunidades

Ask the Administrator: To pass the presidency to another neighbour

Good afternoon. My parents received a call for one Board of owners of the community in which they reside, and where, among other issues, it will be discussed the change, and election of a new President. The fact that this mandate their turn to hold the post, but as I said, they are older and it is impossible to undertake the tasks it entails for them. I do not live there but I’ll be your representative at the meeting and I would like to know if I pass the Presidency to another neighbour that has already informed me that he would be willing to assume the position.

 

Carlos H.

Administrator:  Juan López

 

Good morning. According to what it says, if there is a neighbour who is willing to bear the charge, there would be no problem since the LPH, in its article 13.2 provides that “2. “The President will be appointed, among the owners, through choice or, subsidiarily, by rotating or draw”. I.e. that you can choose the President, if someone presents is voluntary. Turn or sweepstakes are for when nobody wants to present themselves voluntarily to the charge.

 

If there is a neighbour that is filed as a volunteer, parents may also request the relief at the expense of what decide a judge, since that article provides for such a possibility. So, sets that “appointment shall be compulsory, designated owner may ask their relief the judge within one month after your access to the fee, invoking the reasons that assist you to do this. The judge, through the procedure laid down in article 17.7. ª, will solve plane coming, designating the resolution to the owner who had to be replaced, where appropriate, the President in office until it is appropriate to new designation at the time that It is determined in the judgment”. However, as a legal matter, we understand that this should be the last option, given the offer made by a neighbour in their community.

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