Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

[Lawbird Lawyer]

Dear Sir,

He can be elected President, but he cannot vote.

Only commonholders who are up-to-date with their community fees can vote on EGM's or AGM's.

Not much point really in electing a Community President who cannot vote (unless he clears his arrears) is there?

I'm not aware of such circumstances. The Commonhold Act specifies the requirements that need to be fulfilled to be elected, not viceversa.

As long as he/she is of legal age (>18 y.o.), owns a property in the Community he is eligible for the role of President.

It's advisable not to elect neighbours which hold a Criminal record (i.e. embbezlement of funds). But that's just a recommendation.

Yours faithfully,

[Unregistered]

Dear Sir,

He can be elected President, but he cannot vote.

Only commonholders who are up-to-date with their community fees can vote on EGM's or AGM's.

Not much point really in electing a Community President who cannot vote (unless he clears his arrears) is there?

I'm not aware of such circumstances. The Commonhold Act specifies the requirements that need to be fulfilled to be elected, not viceversa.

As long as he/she is of legal age (>18 y.o.), owns a property in the Community he is eligible for the role of President.

It's advisable not to elect neighbours which hold a Criminal record (i.e. embbezlement of funds). But that's just a recommendation.

Yours faithfully,

Thankyou for your response. The election of this person as president is advantageous to a number of residents financially. Surely one of the presidents duties is to ensure that any debt owed to the community by any owner is paid, if necessary by legal action through the courts. As it is doubtful the president will sue himself, how can he legally hold the office?

[Lawbird Lawyer]

Dear Sir or Madam,

You're welcome.

Indeed, its one of the -very- unpleasant tasks of Community Presidents to take to court fellow neighbours for lack of payment of Community fees.

Post credit crunch this has become all too common and many Presidents are now caught in legal wrangles. It's a burden associated to the role of President as it entails great responsibility. Presidents have to pursue non-payers otherwise more will follow suit and the community as a whole will just crack down. Gardeners, security guards will stopped being paid, gardens will overgrow, green pools etc. Break-ins will become all too common as the whole place is in a derelict state, property values will plummet etc. It's just a downwards spiral that can serioulsy tarnish what would have been a nice development.

It is highly doubtful that an elected President will pursue himself, granted. That is why it is not recommendable to choose as President someone who is in arrears as it stands to logic. At the end of the day its the individual who fits the role of President which makes all the difference.

Yours faithfully,
Raymundo LarraÃ*n Nesbitt