Date Published: 02/12/2024

Community of owners in Spain: The job and function of the president of the community of neighbours

This article details the roles of the president, and the means by which one becomes the head of the community of neighbours

The job of the president of the Community of Owners, or ‘Comunidad de Propietarios’, is an important one which takes a great deal of responsibility. The role requires being a legal representative for the community, as well as calling meetings amongst neighbours and making decisions that will affect the people in your neighbourhood.

Furthermore, once you have been voted or chosen as the president of the community of neighbours, it is mandatory to remain so until another is appointed to take your place. In most cases the change of the president usually takes place every year at the general meeting of those who live in the community.

How a President is chosen

There are three ways in which a president can be chosen for the role. All three ways require a vote and an election process:

1. Election of the president of the community of neighbours by election

Certain members of the community may choose to run for office. Having decided they may be best suited for the role, they can place their name into the election where their neighbours will pick their favourite candidate. The person who then receives the most votes will become the president of the community of neighbours.

2. Election of the president of the community of neighbours by rotating shift

The second means by which someone can become the president of the community of neighbours, is through a rotating shift which picks your name. The method of election must be followed and one will simply be elected through the position one holds in a list of all the neighbours. Through this method everyone must serve as the president at some point and this means everyone is given a voice as president at one time or another.

3. Election of the president of the community of neighbours by drawing lots

The third way in which to be selected as president of the community of neighbours in Spain, is through the drawing of lots. This random lottery is not commonly used by many communities, however it is a legitimate means to vote in a person as president of the community of neighbours.

People who are not eligible be the president of a community of neighbours

The next issue that must be understood is that certain people cannot be elected the president of the community of neighbours.

For instance, a tenant cannot be the president of a community of neighbours. No one who is not an owner of a property can be a president, as indicated in the Horizontal Property Law governing all communities of owners in Spain. The president of the community must be selected from among the owners, therefore making it impossible for a tenant or third parties to become a president.

Although there is no specific age limit on who can become a president of the community of neighbours, it is advised that the president should not be too old. Such obligations and responsibilities may be a lot for older people to deal with and therefore although age will not stop someone being a president, it is not always advised.

Another possible reason for not becoming president of the community of neighbours is illness or disability. A doctor would be needed to confirm this, but if so it is a valid reason for not becoming president.

When a president can resign

There are only a handful of possible means that would allow a president to step down from the duties that are assigned to them before the due time. Merely having a busy schedule or not wishing to be a president anymore is not enough to be able to give up the role. The same rules apply for the vice president as well. Below, however, are two sufficient reasons for relinquishing your role:

If a family member is ill this may be a sufficient reason for no longer being president of the community of neighbours.
If the president themselves is ill this would be the second reason for a sufficient resignation of the role of the president of the community of neighbours.

So, there we have it, a full and comprehensive guide to the roles of the presidents, how they are elected, the reasons that could stop one from being a president and how one may resign from the role!

For help and advice with the running of community issues in Spain, you can seek the services of a professional and experienced community administration manager, such as Heniam & Associates. They provide assistance to communities of owners, including the provision of services to handle financial affairs and conflict resolution within the community.

Contact Heniam & Associates today using the details below to find out how they can help you:

Address

Office 1: Monteclaro 1, 30389 La Manga Club / Office 2: Calle Delta del Danubio, 30385 Los Belones

Tel: 0034 868 707 917
Mobile: 0034 689 017 754

View Website

View Google Map

Facebook

Heniam & Associates for Conveyancing, paperwork, legal advice and immigration throughout the Region of Murcia

Catering for the needs of expats living all over Spain, and particularly in the Costa Cálida and the Costa Blanca, Heniam & Associates offer a wide range of services including conveyancing, legal and administrative advice.

At the same time, their team of dedicated professionals appreciate the need to assist you in an easy and reliable manner, allowing you as much time as possible to enjoy your freedom, relax and make the most out of life in Spain. Without sacrificing efficiency, they offer personalised services to each and every client, listening to their needs in order to provide exactly the right service and desired outcome.

In the all-important field of Legal and Administrative Services, Heniam & Associates provide help in a wide range of matters including (but not limited to):

Conveyancing
Legal and professional communication assistance
NIE and TIE Applications
Commercial and company set-up and licensing
Spanish health and administrative services
Support and assistance with regulatory bodies
Professional will writing services and advice on intestate inheritance laws (both in the UK and in Spain)
Contract drafting (for businesses and individuals)
Dispute resolution
Digital signatures and certificates

Whether taking advantage of our conveyancing services or any other legal matter Heniam & Associates’ business partner HeniamLegal will represent you in the best possible way, excelling especially in their conveyancing service.

When buying a property in a foreign country it can be challenging to understand all of the steps that have to be taken. Heniam knows that buying a home can be stressful and they want to ensure that you have the resources that you need to make sure that the transaction is as smooth as possible so that you can start to enjoy your new home without worrying about the details and any purchase pitfalls.

HeniamLegal will be on hand to assist you with every part of the process. They have dedicated professionals on hand to assist you every step of the way ensuring that all of the relevant checks and investigations are carried out and, of course, negotiating on your behalf and protecting your interests. You will always have the support you need with HeniamLegal and Heniam & Associates.

Heniam & Associates In addition, translation services are provided either for written documents or for occasions such as visits to the doctor or to administrative offices, and assistance is provided in finding the best deal on foreign currency transfers.