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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:
