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Ago 2019

The power of the president in a community of owners.

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The Law that regulates the regime of the owners´ communities (Horizontal Property Law, hereafter LPH) refers in its article 13 to the community governing bodies, indicating as such the owner´s general assembly, the president and, where applicable, to a vice-president, a secretary and an administrator.

About the president, who «shall be appointed from among the owners», so he must be an owner (not the husband, the wife or the son of an owner), establishes Article 13.3 LPH that «shall legally represent the community both in and out of court, in all matters related to the community», also hold functions such as defending the community´s interest, requiring owners to cease prohibited activities, give approval to certificates, subpoenas and notifications issued by the secretary, convene and preside owners’ assembly, sign the minutes of the meetings, receive communications for the execution of works, etc.

On the other hand, there is no doubt that it corresponds exclusively to the owners´ general assembly, appoint and dismiss the governing bodies of the community, approve the plan of income and expenses, approve the budgets and execution of works in the community (without prejudice of the urgent measures that must be adopted), approve or reform the community statutes or the internal rules, approve modifications of the community constitutive deed or the exercise of judicial actions against the owners who have infringed it, etc.

But the competences´ delimitation is not always so clear, and the question that often arises is what is the scope of the powers of the president with the owners´ general assembly, since legally it is the president who hold that legal representation, but it is the assembly of owners the sovereign governing body of the community to which legally take the most important decisions, and while there are some expertshat do not admit any doubt on this matter other experts disagree.

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