Criteria for becoming a President on a Residential Complex.

Started by Mazoka, Mon 4 Feb 2013, 16:07

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Mazoka

I would like to ask two questions concerning the voting in of a President on a residential complex.

1. Does a person have to own a property on a complex before they can become the President of that complex?

2. If a property on a complex is a 4 way part ownership does each owner of that property have a vote at an AGM when it comes to voting for a President, or is it just one vote per property. If it is one vote per property and each of the part owners favours a different candidate is it a case of drawing straws to see who gets to vote.  :017:

Perikles

Quote from: Mazoka on Mon  4 Feb 2013, 16:07
I would like to ask two questions concerning the voting in of a President on a residential complex.

1. Does a person have to own a property on a complex before they can become the President of that complex?

2. If a property on a complex is a 4 way part ownership does each owner of that property have a vote at an AGM when it comes to voting for a President, or is it just one vote per property. If it is one vote per property and each of the part owners favours a different candidate is it a case of drawing straws to see who gets to vote.  :017:

1) Yes**

2) It is one vote per property which counts either as an equal vote to every other property or a vote carrying the weighting of that property, depending on which vote is being taken. It is of no interest to anybody else how the owners sharing a property decide who makes that vote - one person and only one must represent that property and it is for those part-owners to fight that out for themselves. If they fail to do that, and argue about it openly in the AGM then I suppose the chairman will declare the vote for that property null and void.

**Law of Hor. Div Para 13.2:

Quote2. The President will be appointed by proprietors by voting, on a rota system or draw. The appointment will be compulsory, although the appointed proprietor will be able to request his relief to the Judge within the month after his access to the post, by explaining the reasons because of which him does it. The Judge will take a reasonable decision through the procedure on the 17.3th clause, appointing the proprietor who should substitute the President until a new appointment is appointed. The term should be determined on judicial resolution. 
They will go to the Judge as well, when for any reason, the Board finds not possible to appoint the President.


Although this requirement of being an owner is not explicit, it is implicit in the above.