From Welex, your law firm in Marbella, we are aware that being elected President of the Community of Owners in Spain is often the source of a large number of conflicts.
There is a possibility that there are communities in which all neighbors wish to hold the position of President of the Community of Owners in Spain because of the belief that this is thus given the power to control the Community at will. However, the general tonic in the Owners’ Communities in Spain is that no one wants to accept this position.
First, we will proceed to define the meaning and requirements that are attributed to the President of the Community of Owners in Spain according to the law.
Referring to Article 13.3 of the Spanish Law on Horizontal Property, the President of the Community of Owners in Spain is defined as a co-owner who legally holds the representation of that Community in all matters that are necessary, including trial.
Let us move on to defining some specific functions of the President of the Community of Owners in Spain:
- Call the meetings and signature of minutes. Joint action with the administrator and/or secretary.
- In case of the sale of any property located in the community, the secretary/administrator will be in charge of carrying out the debt certificate. However, it is the president of the Community of Owners who must give the final approval.
- Reprimand neighbors on behalf of the whole community in case that there is a situation where such action is necessary.
- Administration and management of community accounts together with the administrator/secretary. This action must always be carried out following the will of the Board of Owners in Spain.
It is of the utmost importance that the President of the Owners Community is always aware that he acts on behalf of all members of the Community of Owners.
Therefore, it is not possible for you to overreaches in its functions or act unilaterally by harming the general interests of its Community of Owners in Spain.
If so, the other owners have the possibility of suing you for civil liability.
How is the election of the President of the Community of Owners in Spain?
The position of president is elected at the General Meeting of Owners. Normally such board is carried out on an ordinary meeting, although it is possible to carry out the election in an extraordinary one if necessary.
The election process is carried out by voting of the neighbors, accepted by a majority. Otherwise, the process will be carried out by rotating turn between the owners or by lot.
How does this mean in practice?
If there are no volunteers, we proceed to make the draw for a rotating turn in which the president of the Community of Owners in Spain will be appointed each year.
In the event that there was an approved volunteer, the revolving process has to be paralyzed and resumed at the time when there are no more volunteers.
This whole process must be in agreement with the assembly of owners.
From all this process several doubts are born:
If the same person owns multiple properties, is it possible that they are elected president of the Community of Owners for several years?
No. This shift rotates between owners and not between properties.
Is it mandatory to accept the charge?
Yes, it’s mandatory.
However, the law provides for some exceptions. The assembly of owners may decide to exempt any of the owners from the obligation to do so, usually for reasons of age or illness.
In case of no agreement, the neighbor who has been provided with the position of president of the Owners Community may apply to a judge to be relieved. Then it will be the judge who rules whether there is really justifiable cause to be exempted from that obligation.
Is it possible for a person who does not reside in the community to be elected president? What about a leaser?
There is no requirement to reside in the community to hold the position of President of the Owners Community. So yes, a person who does not reside in the community can be elected president.
In the case of leasers, they do not have this right, even if they live in the community. Only the owners can be presidents.
I am the children of the current President of the Community of Owners; can I hold the charge in order to release my relative?
No, the Horizontal Property Act does not provide for such possibility.
It is possible to delegate to the children some arrangements, but not the position.
Therefore, the legitimate President is the person who must sign the minutes, contracts, exercise the representation of the Community of Owners, etc.
Can a company be President of the Community of Owners in Spain?
In the case, for example, of a developer owning several properties, it is possible.
However, that company must appoint a legal representative through a power of attorney in order to enable it to exercise the presidency.
This is because a company cannot be president of the Community of Owners in Spain, only natural persons can be.
Can a person with debts to the Community of Owners be appointed president?
Even if it might seem illogical, yes.
The Horizontal Property Act establishes as the sole requirement to be president of the Community of Owners to own a property in the community.
However, even if the elected president turns out to be in debt, he will remain obliged to lead the boards. Always being able to express his opinion, even if he cannot vote on them.
If you own a property in Spain, at Welex Lawyers and Accountants, we will be happy to help you solve all the legal questions that may arise in relation to your community.
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