Community Administration

[Bracken]

Hello,

Can anyone help with a few questions

- is there a legal obligation for a community to have an external administrator?

- what is the position if a community decides to do its own administration?

- I'd be interested to hear from anybody (PM perhaps) who can suggest an administrator in PP based on their personal experience.

The point is our community has had an unsatisfactory experience with our administrator and we are deciding on the best course to take.

Many Thanks.

[lollipop]

Unless you have someone who knows the legal system in Spain in your community I would advise the use of a professional administrator. Our community have a professional one. I will PM you the name as not sure I can post.

[Lorenzo]

Some Community issues can be sorted out via the 'presidente' of your block\community.
You should also get the chance to vote that person in - or out - each year.
Have you tried contacting him\her about your concerns?

[Bracken]

I'm looking for a new administrator for the community. I would welcome any recommendations (here or PM). Lorenzo thanks for your suggestion last time.

[Deanscroft]

A common misconception is that the Administrator runs the Community. This is not so. The President runs the Community but in most cases employs an Administrator to help and advise. In most cases what happens is that the Adminisrator is just left to get on with it but this does not absolve the President of his legal responsibilty. The administrator is just an employee of the Community.
We have just changed Administrator. From one who was about as much use as an ashtray on a motorbike to one who we hope will be far more affective.
PM me if you would like the names.

[Alcanada]

If a community wanted to remove an Administrator can they do so at any time? Our constitution says we vote on the Administrator every AGM. Does that mean the only time we can remove him is at an AGM? Any advice gratefully received...

[JMD40]

Interestingly I do not think any community is happy with their admininstrator as they seem to charge high fees for appearing to do very little. If you have a small very straight forward community you could run it yourself however the president will have to be prepared to do the chasing if and when needed. Everyone is legally obliged to take a turn in being the president and this is where the problem commences as not everyone is willing to put themselves out and chase non payers, find quotes, change lightbulbs in staircases etc.etc. Good luck.

[Deanscroft]

The Administrator can be dismissed at anytime. This can be done by a general meeting of the Community owners or by the President. However, as the Administrator is an employee, I am not sure what grounds if any you would need to prove to be able to dismiss him midterm. Not sure if the Spanish version of the Employment protection Act would cover this.

[Shaun&Caro]

Hi everyone

Our community AGM is (typically) announced very close to its date, which makes it difficult for overseas owners to attend. And the agenda-setting process is opaque...there are specific points that a number of (overseas) owners have raised which do not appear on the agenda, while the points which are included in the agenda do not appear to be the most important ones we need to deal with.
These concerns have been raised to the managing agent (note, we are currently without a President, who passed away), but not much is coming back.
Any advice on where to go next with this, or a similar experience?
Thanks as ever
s

[Lorenzo]

We are in a relatively small block of apartments. We start trying to arrange the date for the AGM about 3 months before the meeting is actually due so that owners from abroad can book flights etc and also contribute items for the agenda. Some items on the agenda appear every year (budgets etc) and seem to be regulatory ones. Normally the President will suggest a few possible dates and then the Managing Agents (Siquier in our case) will see which date fits into their diary. They look after a large number of properties so this can often be quite tricky.

They then confirm to the owners about a month beforehand, the agreed date for the meeting and ask for any further agenda items. Owners can ask for items to be included well in advance of the meeting but quite often we find we have to remind the Managing Agents of these points....Some items inevitably get discussed under 'any other business' on the day.

In our block some owners give their vote on the various issues to 'an attorney' or another owner in our block.

By the sounds of it, it would be useful if you could get a President voted back in asap so that you can get various issues discussed and resolved. Do you have any willing candidates?

[Deanscroft]

By law owners only have to be given just seven days notice of the AGM.

For anyone really interested in the legal side I would recommend this book -
You and the Law in Spain by David Searl

[Shaun&Caro]

Thanks for your responses Lorenzo and Deanscroft - clear and useful (if not was I was hoping for). Hopefully we can appoint a president shortly who will take up the challenge fairly on everyone's behalf.
Have a great weekend
shaun

[Gommar Goffer]

Do you not have a vice president to voice your concerns to?

[ChrisW]

Hi, our community is looking for new Administrators.

Can anyone recommend a firm please?

I notice both Lollipop and Deanscroft seem to have a suggestion.

Any chance you guys could pm me?

Thanks in advance.

Chris