guarros - 02 October 2008 04:19 PM
We are a small community and our administraror has shown himself to be worse than useless. We asked for a meeting and he just ignored us. How do we sack him? I am the president and have no information about our absentee owners so cannot contact them.
Welcome to the ‘no law’ land! I’m president of my community since april 2002, renewed every year ... and accept because I’m the only one who manages to ‘scare’ the administrator. If you speak fluent Spanish read here http://www.comunidades.com/comunidades/legislacion/reforma_lph.htm ?Ley 49/1960 sobre Propriedad Horizontal. Art. 13 through 19 refer to the Community rights and obligations, art. 20 to the obligations of the administrator. Two years ago I was about to fire our administrator, so I asked a lawyer friend what exactly I had to do.
opt. 1): The procedure is rather simple. So long as you can demonstrate that the administrator did something illegal, i.e.: misused the money he’s administrating, etc., the president of the community can report it to the Tribunal, then call an extraordinary meeting of the owners, during which they can all dismiss the administrator and choose a new one. But ... you must be absolutely sure and have sound proof of what you declare in your report ...
opt. 2): The easiest way, if all the owners agree to it, is to force the administrator to call next annual meeting early in January and when you reach the poit ‘renewal of administrator, president and secretary’ simply say you don’t want him anymore, thank him and request a complete report as well as original books and documents (libro de las actas de las juntas de vecinos, invoices etc.).
No matter how you dismiss him, remember that if some owner cannot be present at the Junta, even if he gave the delegation to other owner, you have to allow 1 month to elapse since the copy of the ‘Acta de la junta’ is delivered to all proprietors (so that any owner who was not present and disagrees with some resolution of the Junta can express it in writing ... which is a mere formality because, as usual, the majority wins!) before you can go ahead and pretend all documents, remsumes, etc. from the actual administrator.
Sounds complicated but it really isn’t ... I managed to scare quite a lot our administrator only by advising him what I intended to do ... and now he works rather well, at least compared to Spanish standards. Still have to keep an eye on him though ... 😖
