All Communities of Property Owners have their own President. This individual represents the entire Community, with this position entailing a series of obligations and responsibilities. They may even be liable in a subsidiary civil manner in certain situations, meaning it is far from a straightforward task. For many, it can be an opportunity to help improve the building; for others, it can be nothing but a nuisance. But who can be President of the Community of Property Owners? This article will analyse the role in detail.
Índice de contenidos
Who can and who can’t hold the position of President?
Any individual who owns a property in the Community of Property Owners can become the President. Furthermore, in case there are any doubts, article 13.2 of the Spanish Horizontal Property Law states that the President shall be elected from among the property owners. Renters and third parties are therefore excluded and cannot be named President.
“Only a neighbour who owns a flat or premises within the Community can be named President”.
Who can refuse to be president or is exempted?
There are various circumstances under which individuals can refuse to become President of the Community of Property Owners.
Work may occasionally prevent us from fulfilling the role of President if we are regularly absent or have to travel a lot for work-related reasons. In these cases, we would be unable to fulfil our duties and responsibilities.
Illness or incapacity may be justifiable reasons for not serving as President of your Community of Property Owners. Said condition must be substantiated by a medical professional.
The Spanish Horizontal Property Law does not establish an age limit for fulfilling the role of President. However, being of elderly age may prevent a person
from being fully qualified to serve as President.
Living in a property outside the Community
If the individual lives outside the Community, he/she will not be aware of what is going on or the needs of the property owners. As such, they are deemed unsuitable for the role of President.
These are the 4 circumstances that are often given for not assuming the role of President. Once you have been appointed, you will have one month to lodge an appeal against your appointment before the judge. This is set forth in article 13.2 of the Spanish Horizontal Property Law. Furthermore, if it is impossible to choose a president, the Community can go to the judge.
Can a property owner’s child be President of the community?
The Spanish Horizontal Property Law is very clear on this matter. The President of a community must be one of the co-owners of a dwelling. This rule also applies to the naming of the vice-President of the Community of Property Owners. Therefore, sons or daughters of property owners cannot assume the position unless they own some private element of the community. Kinship or a family relationship is therefore not enough to assume the position of President.