We are a new development of 126 apartments in Mijas, there were only 5 community owners at the original AGM and only one of us lived in Spain and without knowledge of the Horizontal Law on voting for a president we voted in a non community owner as president, who is the sales person for the developers.

We have since queried with her that she cannot be president as she does not own a property in our community. She disagrees, because she is representing the developers and they gave her permission, but we did not vote for anybody from the developers as this was not mentioned at the AGM or in the minutes.

Is this legal?

She says the developers own several unsold properties, to my knowledge possibly 50% therefore she can legally represent them as a president for our community. Surely this cannot be legal for us to have a non community owner who works for the developers as our president. PLEASE help and advise us, as we feel not only is this unethical but possibly illegal.
Also do the developers have one vote only at the AGM or one vote for every apartment in this instance approximately 50% unsold?
Many thanks and kindest regards.

I think this is illegal but I think a lawyer would know the answer to this.

To share your concerns with your fellow owners (esoecially if you don?t live in Spain) then you could start using a website for your urbanisation - http://www.mycasaonline.es provides free templates and it is all in English and Spanish.

My Spanish wife doubts the legality of this but comments that we are in strange previously unknown situations (ie lots of unsold properties) she suggests you ask your legal administrators or other professional with qualified knowledge of the horizontal property laws.

No this happen 2 years ago in Elche and end up in court , 1 president has to be the owern are on the management board , that have limited powers aswell
ie can make own move out are sell anythink in the place .
i fine out more when the law in on tue next at work
jurdy