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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche.

Legal tip 98. Questions and answers on Community of Owners. Part 8.
08 June 2009 @ 16:30

58. I want to be the President of the Community of owners. Do I have right to?

Yes, if
-         You are an owner
-         You get elected
59. We are holding elections for President in the Community of owners next week, what if no one shows him/herself available as candidate?
A turn is then in place and the corresponding owner by said turn will be the president.
60. What if the designated by turn member does not want to be the President?
The designation is binding. If the designated owner does not want to become the President, he needs to ask the Judge to release him from that responsibility, giving to the Court enough arguments for the exemption.
The Judge will designate, by a simple procedure, the owner who must replace him/ her until new election.
The Community of owners can also invoke the Judicial assistance if, for any reason, it is impossible to name a president at the General Meeting.
61. I am being elected president of my community. What are my responsibilities?
You hold the legal representation of the Community, either before the Courts or in out of Courts managements, at every subject related to the Community.
62. Could we elect two vice-presidents?
Yes you can elect as many vice-presidents as you need, but it is not obligatory. Designation follows same procedure as for President.
The vice-president is in charge of policing for the President when during leave, absence, vacancy, etc… He also has to assist him in his duties as President according to the rules of the Community of owners.
63. Is a secretary needed?
The functions of the Secretary and the Administrator are carried out by the President of the Community, except  when either the Statutes or the Meeting of Owners, by majority agreement,  agree on the appointment of specific people for these positions.
Secretary or Administrator’s duties can be performed by either same or different person. These positions can be performed by an owner or by an agent.
These positions can be replaced before the end of the deadline if that is agreed by the General Meeting of owners, called in extraordinary session.
64. We have recently hired as administrator in our community of owners. What are specifically his duties?
-         To watch over the good management of the building, its installations and services, for those purposes he is entitled to do the necessary warnings and notices to all the owners. 
-         To prepare in advance and to submit to the General Meeting the budget of foreseeable spending, and to propose the necessary means to confront them.
-         To watch out for the conservation and maintenance of the building, deciding on the urgent repairs and the means to make them, and communicating them immediately to the President or to the owners.
-         To execute those agreements adopted regarding works and to pay for them.
-         To operate in cases as the Secretary of the Meeting and to keep the documentation of the Community.
Sunset in Playa de los Lances, Tarifa (Cádiz) By Chodaboy at

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