Second paragraph of section 13 (6) of the Commonhold Act 49/1960 provides that ‘the position of administrator and, where applicable, that of secretary-administrator may be occupied by any owner, or by individuals with adequate professional qualification and legally licensed to perform such functions’, thus you may be an administrator of your community if you are proprietor.
In my view, it is always better to have an owner-administrator than a professional one. Everybody knows about problems caused by some administrators in communities who are in most of the cases bribed by suppliers. They think that their fees should be complemented, Spanish or Latin ‘belief’ I’m afraid. Another clear advantage would be the closeness to the owners.
In addition, if you speak Spanish and English your community will save a lot of money in minutes translation (0, 12 - 0, 15 € per word). That means a lot of money in small communities.
Anyway you should have a clear knowledge of the law or seek for legal and independent advice.
In accordance with section 20 'it shall be the function of the administrator:
(a) To watch over the proper management of the commonhold, its installations and services, and to advise and admonish owners to that effect.
(b) To prepare the budget of predictable expenses with sufficient anticipation and to submit it to the Owners’ Committee, proposing measures to cover the expenses.
(c) To see to the upkeep and maintenance of the commonhold, arranging for urgent repairs and measures, reporting promptly to the president or, where appropriate, to the owners.
(d) To carry out the decisions adopted regarding maintenance works and to make and receive payments as appropriate.
(e) To act, where applicable, as secretary of the Owners’ Committee and to keep custody of commonhold documents available for the owners.
(f) Any other function conferred by the Owners’ Committee'.
It must be distinguished between ‘misappropriating community funds’, which is an offence and ‘ordering services like security cameras and charging expensive repairs without the consent of all owners’.
Installing CCTV Cameras in common parts requires not only the consent of the Owners’ Committee but the observance of the Private Security Act 23/1992 as well as the Data Protection Act 15/1999 and its regulations Real Decreto 1720/2007
Regarding your developer I think you know that regardless of the number of properties owned he has only one vote. However, as it is laid down in the majorities system stated in section 16 those owners who have more than one unit will have the sum of allocations of his units.
It must be recalled that the special system of majorities established by the Act requires in most of cases both the majority of the votes and the majority of commonhold allocations, which are necessary in order to reach the quorum for passing resolutions.
With regard your position of claim expenses on the ground of lack of consent it is very difficult because of the bona fide principle which protects third party against presidents acting without the required authorization.
Section 13 (4) of the Act makes provision for the office of vice-president:
The existence of vice-presidents shall be optional. They shall be designated by the same procedure set forth for the appointment of the president.
The vice-president, or vice-presidents in the order prescribed, shall replace the president in cases of absence, vacancy or incapacity, and assist him/her in the exercise of his/her duties under the terms established by the Owner’s Committee.
The vice president has no right to override the president and you need only an ordinary resolution from the Owners’ Committee in order to remove him.
Felix