The Vice-President of the Community
The office of Vice-President is one of the offices expressly described in the law. Article 13.1.b.) LPH stipulates that, in addition to the President, Vice-Presidents may also be appointed if necessary. Article 13.1 LPH does state that additional bodies may be created in addition to the offices provided for by law. However, apart from the president, administrator and secretary, the law itself only mentions the vice-president. His function is to represent the president in cases of his incapacity or absence or to take over his position if the office of president is vacant. In addition, he may assist the president in the exercise of his office if specific provisions are made in the statutes or by resolution.
As long as the president is able to perform his duties, the deputy function of the vice-president should not be of particular importance. Nevertheless, cases are conceivable in which the vice-president could represent the president despite the latter’s full availability, e.g. due to a conflict of interest. These include, for example, legal action brought by the community against the President (for unpaid contributions to community expenses or for damages due to disadvantages resulting from poor management, or cases in which the President refuses to convene a meeting to vote on his removal from office).
Despite all the advantages that may be associated with the appointment of a vice-president for the community, Article 13.4 LPH also stipulates, as already apparent from Article 13.1.b.) LPH, that the appointment of such an office is optional. Just as it is possible to dispense with this office altogether, it is also possible to appoint several vice-presidents. If there is indeed a vice-president, they must be assigned a rank. Only if there is a designated first or second vice-president, etc., can it be clearly determined which of them and in what order they may represent the president.
The appointment of the vice-president(s) is made in the same way as the appointment of the president (Article 13.4 LPH). Even though the law does not expressly state this, it can be assumed, based on the function of the vice-president and the manner of his appointment (like the president), that only owners are eligible for this position. Expense allowances or remuneration may be agreed in the same way as for the president.
