Questions and answers about the community’s bodies

The ‘Practical Handbook on Residential Property Law in Spain’, which is the result of our law firm’s daily work, contains over 230 questions and answers on Spanish residential property law. The chapter entitled ‘Community bodies’ provides information on the following issues in particular:

Question 103: Can absent owners also authorise the property manager to exercise their voting rights at the meeting?

Question 104: If a special property element is owned by several co-owners, to whom should the community’s communications be addressed?

Question 105: How is the representative appointed in the case of co-owners?

Question 106: If several persons jointly own a property, i.e. there is simple co-ownership, may several or all co-owners participate in the meeting despite Article 15.1.2 LPH?

Question 107: Do the provisions on co-ownership also apply without restriction to married couples who have jointly acquired a separately owned property?

Question 108: Can an owners’ meeting be held in a language other than Spanish?

Question 109: What happens if an owner has not been properly summoned to the owners’ meeting? Is the meeting, and therefore the resolutions passed at it, null and void?

Question 110: What happens if an owner has not been invited but nevertheless attends the meeting? Is the defect resulting from the failure to invite them then deemed to have been remedied?

Question 111: Can the statutory notice periods for owners’ meetings be changed by vote or by a corresponding community statute?

Question 112: What is the legal classification of the president’s activities vis-à-vis the owners’ community?

Question 113: Must the president have certain qualifications in order to be eligible for office?

Question 114: Must the office of president necessarily be held by an owner, or can the articles of association or a resolution stipulate otherwise?

Question 115: Can the children, parents, spouse of an owner, usufructuary or tenant of a separately owned property element hold the office of president without being an owner or co-owner themselves?

Question 116: What happens if the president transfers his apartment during his term of office and thus ceases to be an owner; may/must he continue to hold office?

Question 117: Can a legal entity become president of the owners’ association?

Question 118: What are the consequences if the person appointed as president is not an owner?

Question 119: Can the term of office be longer than the one year provided for by law?

Question 120: Does the president automatically cease to be president at the end of their term of office?

Question 121: Can the president receive compensation for the performance of their duties?

Question 122: May the president receive a salary in return for his or her service and the efforts associated with it?

Question 123: Can someone be appointed president even if they are absent?

Question 124: Does the president have to accept the office after being appointed?

Question 125: Does the appointed president have a duty to perform the office?

Question 126: How can the president defend himself against his appointment?

Question 127: What majorities are required for the election of the president?

Question 128: What is the general function of the president within the community?

Question 129: What specific duties and rights are assigned to the president by law by virtue of his office?

Question 130: What happens if the president concludes a contract with third parties on behalf of the community without a resolution or against the will of the community – would the community be bound by this or not?

Question 131: What happens if the president refuses to sign the minutes of the owners’ meeting?

Question 132: Does the president need to be specially authorised by a resolution of the owners’ meeting in order to represent the community in court?

Question 133: Does the president need to be specially authorised to assert claims of the community against owners for contributions owed to community expenses in court?

Question 134: Must the president be authorised by the owners’ association before he can file an action for injunctive relief against a disturber on its behalf?

Question 135: If the president changes, does any power of attorney granted to lawyers and legal representatives become invalid?

Question 136: Can the functions of the president be expanded or restricted by the articles of association or by resolution?

Question 137: What procedures can be used to appoint the president?

Question 138: What if the president who is to be removed from office does not wish to participate in convening the relevant meeting?

Question 139: How is the liability of the president assessed? In which cases can he be liable for damages?

Question 140: Can the president be removed from office and, if so, how?

Question 141: What happens if the president does not attend a convened meeting? Can the meeting be held at all in such a case?

Question 142: What is the procedure if the president votes against a resolution and this is contested by him or another owner?

Question 143: Can someone who has debts to the community be appointed president?

Question 144: What happens if the president has debts to the community?

Question 145: What specific tasks and duties does the secretary have?

Question 146: Are only owners eligible for the office of secretary, administrator or secretary-administrator?

Question 147: Must the secretary meet certain requirements in order to hold office?

Question 148: Can the office of secretary, administrator or secretary-administrator also be held by legal entities?

Question 149: How long is the term of office of the secretary, administrator or secretary-administrator?

Question 150: Can the secretary, administrator or secretary-administrator receive an expense allowance or remuneration from the community?

Question 151: Can the secretary, administrator or secretary-administrator resign from office? What would be the consequences?

Question 152: Is the administrator obliged to hand over the documents of the community?

Question 153: Can the secretary/administrator be removed from office prematurely? What would be the consequences?

Question 154: How is the secretary or administrator or secretary-administrator appointed?

Question 155: Can the secretary, administrator or secretary-administrator be appointed without a resolution of the owners’ meeting?

Question 156: What professional qualifications must a non-owner have in order to be allowed to perform the duties of administrator (or secretary) or secretary-administrator?

Question 157: What are the consequences of non-owners not having the appropriate professional qualifications?

Question 158: What rights does the community have if the administrator, secretary or secretary-administrator fails to fulfil the tasks and duties assigned to them?

Question 159: Can the community hold the administrator, secretary or secretary-administrator liable for breaches of duty?

Question 161: Can the secretary be prosecuted under civil and/or criminal law for including offensive statements in the minutes?

Question 162: What is the general function of the secretary?

Question 163: Can the community demand financial compensation from the owner for issuing a certificate of indebtedness?

Question 164: In which cases may the community be represented by the administrator?

Question 165: May the administrator, in accordance with Article 7.2 LPH, request the offenders to cease their prohibited behaviour?

Question 166: What type of contractual relationship underlies the business relationship between the community and the professional administrator?

Question 167: Can the term of office of the administrator, the secretary or the secretary-administrator be automatically extended?

Question 168: Can the same person hold other offices in addition to that of secretary?

Question 169: When do any fee claims of the administrator against the community become time-barred?

Question 170: What needs to be taken into account when executive boards or committees are set up?