Guide for presidents
Duties of the president of a community of owners under Spain's Horizontal Property Act
What the Ley de Propiedad Horizontal (LPH, Spain's Horizontal Property Act) says about how the president of a community of owners is chosen, how long the term lasts and what the president's duties are, with or without a property manager.
By the Vecinar team · Updated on
How the president is chosen
"The president shall be appointed, from among the owners, by election or, failing that, by rotation or by drawing lots" (art. 13.2). The appointment is compulsory, although the owner appointed can ask a judge to be relieved of it within one month of taking office, stating their reasons (art. 13.2).
Unless the bylaws say otherwise, the term is one year, and the owners' meeting can remove the president earlier in extraordinary session (art. 13.7). Vice-presidents are optional and stand in for the president in case of absence, vacancy or inability to act (art. 13.4).
The president's duties, article by article
Representing the community
"The president shall legally represent the community, in and out of court, in all matters affecting it" (art. 13.3).
Calling the owners' meeting
The owners' meeting is held at least once a year to approve budgets and accounts, and whenever the president sees fit (art. 16.1). The meeting is called by the president (art. 16.2), who also includes on the agenda any items an owner requests in writing.
Signing the minutes
The minutes are closed with the signatures of the president and the secretary at the end of the meeting or within the following ten calendar days (art. 19.3).
Stopping prohibited activities
The president, on their own initiative or at the request of any owner or occupant, demands that prohibited activities stop; if they continue, the president can bring an action for cessation with the prior authorisation of the owners' meeting (art. 7.2).
Approving certificates
The certificate of debts owed to the community when a unit is sold is issued by whoever acts as secretary "with the approval of the president" (art. 9.1.e).
Acting as secretary and property manager if there is no one else
"The duties of the secretary and of the property manager shall be carried out by the president of the community, unless the bylaws or the owners' meeting by majority resolution provide for those posts to be filled separately from the presidency" (art. 13.5).
The president in a community with a property manager
When the owners' meeting appoints a property manager (administrador de fincas), they take on the duties in art. 20: looking after the good running of the building, drawing up the spending plan, seeing to the building's upkeep, carrying out resolutions and keeping the community's documentation. Urgent repairs are ordered by the property manager, "immediately informing the president or, where applicable, the owners" (art. 20.c). Representing the community remains the president's role (art. 13.3).
The president's tool
Vecinar puts everything shared in the building in the president's hands, whoever manages it.
- Whoever registers the community in Vecinar is its president.
- Only the president can invite or remove the property manager and other presidents.
- Incidents in common areas come in with photos and are tracked in one place, not in the WhatsApp group.
- Surveys to find out what residents think, with results straight away.
- Minutes, bylaws and contracts at hand for the whole community.
Frequently asked questions
Do you have to accept being president of the community?
Yes, the appointment is compulsory. The owner appointed can ask a judge to be relieved of it within one month of taking office, stating their reasons (art. 13.2 of the Ley de Propiedad Horizontal).
Can an owner who doesn't live in the building be president?
The law requires the president to be appointed "from among the owners" (art. 13.2); it does not require them to live in the building.
How long is the president's term?
One year, unless the bylaws say otherwise. The owners' meeting can remove the president earlier in extraordinary session (art. 13.7).
What does the president do if there is a property manager?
The president keeps the legal representation of the community (art. 13.3), calls the meetings (art. 16.2) and signs the minutes (art. 19.3). The property manager informs the president immediately of urgent repairs (art. 20.c).
What can the president do in Vecinar?
Whoever registers the community in Vecinar is its president. The president manages units, common areas, documents and incidents, and is the only one who can invite, change the role of or remove presidents and property managers.
Sources
This guide is for information only and is not legal advice. Check your community's bylaws too. The Ley de Propiedad Horizontal (LPH, Spain's Horizontal Property Act) is national law: in Catalonia, Book Five of the Civil Code of Catalonia applies instead.