If you buy an apartment in Spain or a house which is part of a compound, you will take on several responsibilities such as paying community bills, complying with common rules and participating in community meetings and decisions.
This is known as la comunidad in Spanish. Community meetings are governed by the Horizontal Property Law and essential for ensuring coexistence between neighbours and reaching agreements on certain issues around the building.
These meetings are typically held once a year, although there may be special ones to discuss urgent repairs, security or other important or more pressing issues.
The purpose of these meetings are primarily to discuss community accounts, reappoint governing board positions, and propose approval of budget expenditures, but can cover many different topics.
As such, being president of la comunidad comes with several responsibilities including legally representing the building when necessary, coordinating maintenance works and resolving disputes between neighbours.
READ ALSO: 'La comunidad': What property owners in Spain need to know about homeowners’ associations
The role of president
According to Article 13 of Spain's Horizontal Property Law, which governs la comunidad, the president is elected from among the owners by vote or, failing that, by rotation or lottery.
Any owner who owns a property, whether commercial or residential, can be president of a community.
Article 13 states that: "The chairperson shall legally represent the association, in and out of court, in all matters affecting it. The functions of the secretary and the administrator shall be exercised by the president of the community, unless the statutes or the owners' meeting, by majority agreement, provide for the provision of such positions separately from the presidency".
This entails several other responsibilities that the president must take on, including:
- Ensuring that decisions taken at owners' meetings are implemented
- To convene and chair residents' meetings at least once a year
- To represent the community legally, both in and out of court
- To decide on urgent matters relating to the maintenance, security or conservation of the community that cannot wait for a general meeting
- Authorising payments to suppliers and overseeing community finances
- Preparing and presenting proposals for discussion at meeting
- Mediating disputes between neighbours
- When necessary, working with the building administrator to resolve conflicts, manage budgets and ensure compliance with regulations
However, this does not mean that the president has total freedom to make decisions without consulting other neighbours or keeping in mind the wishes of residents expressed in meetings.
Therefore, for decisions such as hiring a concierge or security service, applying for a subsidy or filing a legal claim against a neighbour in arrears, it must be brought before the rest of the community.
READ ALSO: What do I have to do if I own a home in a shared building in Spain?
People who don't want to be president
What about those homeowners in a building who don't want – or are unable – to be president when their time comes around.
As a general rule, the president is appointed by vote, rotation or lottery. I
Looking again at Article 13 of the Horizontal Property Law, it establishes that: "The designated owner [to be president] may request to be relieved of their duties by a judge within one month of taking office, citing the reasons that assist them in doing so."
The law doesn't include a complete list of acceptable reasons why a president may resign their position, but various court rulings have established the circumstances under which he or she may be exempted from his or her responsibilities.
Older neighbours can be exempted from serving as president, given that their abilities may be limited. Likewise, neighbours with health reasons can also bypass their term if they have an appropriate medical report certifying that the elected is ill or temporarily or permanently disabled.
Owners who live outside the community, say in another city or country, may also request to be relieved of their duties as it would make it difficult to fulfil their day-to-day responsibilities and attend meetings.
Those who have jobs that involve travel, long shifts, extended on-call hours or total availability may also find the position incompatible.
Similarly, if the owner has outstanding debts with the community, they may also be exempted, since some neighbours might consider it inappropriate for someone in debt to manage the common accounts.
READ ALSO: Do I have to pay community fees if I rent in Spain?
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