The Community President is a key figure in the administration of a community’s affairs. In the business world this would be the CEO, i.e. the person who assumes the responsibilities of the community. This person’s duties are wide-ranging and varied: from the contracting of suppliers, to financial administration and the enforcement of resolutions adopted at meetings. Some of these tasks carry with them an implicit responsibility as a legal representative of the community. In this article we tell you what those duties and responsibilities are.
From a legal standpoint, the duties of the president are set out in Article 13 of the Horizontal Property Act. In addition, the same article also states that it must comply with the mandates, act diligently and implement the resolutions adopted by the Meeting of Owners.
Here is a summary of the president’s most important tasks:
- Calling meetings of neighbours. The president is responsible for calling ordinary and extraordinary meetings.
- Signing off on the minutes. He or she must sign the minutes of each meeting within 10 calendar days of the end of the meeting.
- Representing the community in the procurement of works and services. The President is the sole legal representative of the Community, as it doesn’t have its own legal personality and the administrator cannot represent the Community.
- Signing maintenance contracts. The president’s signature will be the one that goes on the contracts for janitorial services, gardening, lifts, etc.
- Informing neighbours. He or she shall keep them up to date on the community’s affairs. This can be through monthly meetings, newsletters or specific meetings with neighbours, when necessary, to talk about a specific issue.
- Demanding the cessation of nuisance activities. The president shall be responsible for requesting, on his or her own initiative or at the request of other neighbours, the cessation of nuisance or prohibited activities that are taking place in the community, such as building work without permission, noise disturbances, etc.
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Responsibilities of the President of the Community
The president is civilly and criminally liable for damages caused to the Community or to the owners due to a wilful and negligent breach of his or her duties.
Some civil liability scenarios
Responsible for procuring services and suppliers:
- Works on the community’s facilities. The community may be liable for damages if a company or professional is hired that does not meet the necessary requirements. In this regard, it is important that the Community insurance covers the president’s liability.
- Delay in the issuance of a debt certificate to the detriment of the seller.
The Horizontal Property Act states that the president of the community of owners must act impartially and in the best interests of the community as a whole. It cannot make decisions unilaterally, but must always act in collaboration with the rest of the owners and in compliance with the provisions of the Horizontal Property Act. The president must act in the best interests of all owners and the community as a whole. This ensures fair and equal management for the benefit of all members of the community.
Some criminal liability scenarios
- Misappropriation. The president may commit this offence if he or she keeps the community’s money, taking advantage of the fact that he or she has full access to the joint account.
- Scams. If, with intent to profit, the president deceives the owners so that they mistakenly carry out any act of disposition to their own or another’s detriment.
- Coercion. For example, if the president forces an owner to vote in favour of a proposal made at the meeting, despite not being in agreement.
In conclusion, the President of the Community plays a crucial role in its administration and that of its facilities. All of the president’s tasks are essential to ensure that the community operates safely and effectively. And as a legally responsible party, the president is accountable for the actions taken by a community.