President responsibilities

I am just interested if anyone has a general guide on the responsibilities of an urb President? Residents regularly approach me with their own pet problems which seem to me to be private matters between owners and not affecting the community at all. When advising folk that you can’t help, it would be nice to be able to point to such guidance, if it exists!

There's very good guidance on this in the Citizens Advice Spain website

https://www.citizensadvice.org.es/

They also have a Facebook page, for specific questions. Hope this helps.

Thanks Marianna, I will take a look!

I thought the role of a president was essentially that of a"figurehead"...legally they are purely there to call the AGM, and possibly to ratify the year-end accounts, nothing else if they so choose.

Some presidents DO involve themselves in other matters, but I'm not sure they're obliged to do so.

Hi BNT, I am sure you are correct, but it would be nice to have some guidance as folk do come to with all their problems.

Hai
I saw a while ago the Presidents handbook on the site of Mediteranio.
Good luck.
Jacqueline

Thanks Jacqueline!

In Spanish law, a president is NOT a figurehead, but is comparable to a chief executive officer of an organisation. The president can sue and be sued on behalf of the community.

MDH….I can be sued? Haha, who’d want to be President!

This is Article 13 of the Horizontal Property Act

Section 13
The governing bodies of the community shall be the following:
a) The owners’ general assembly.
b) The president and, where applicable, the vice-presidents.
e) The secretary.
d) The administrator.
The community statutes or a majority resolution of the owners’ general assembly may establish other governing bodies of the community but only insofar as this does not entail any impairment whatsoever of the functions and responsibilities to third parties that this Act attributes to the aforementioned.
The president shall be appointed from among the unit owners by election or, if this could not be achieved, by rotation or by drawing lots. Acceptance shall be compulsory, although the unit owner designated may apply to the court for his/her replacement within one month of taking office, invoking the motives. The judge, following the procedure established in the last paragraph of section 17, shall issue an order as he/she shall see fit, designating, where appropriate, the unit owner who shall replace the president in office until such time as a new appointment is made within the term determined in the court decision.
The judge may be equally approached where, for any reason whatsoever, the general assembly found it impossible to designate a president.
The president shall legally represent the community both in and out of court in all matters related thereto.
The existence of vice-presidents shall be discretionary. They shall be appointed by the same procedure established for the designation 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 functions under the terms established by the general assembly.
The functions of secretary and administrator shall be carried out by the president of the community except where the statutes, or the general assembly by a majority resolution, provide that such offices be held separately from the Presidency.
The post of secretary and that of administrator may be held by the same person or by persons appointed separately.
The position of administrator and, where applicable, that of secretary-administrator may be discharged by· any unit owner, or by natural persons with adequate professional qualification and legally licensed to perform such functions. It may al so be held by an artificial person, a corporation or other artificial person in the terms set out by the law.
The term of office for all governing bodies of the community shall be of one calendar year unless otherwise provided by the community statutes.
The persons designated may be removed from their posts before the expiration of their term of office by a resolution of the general assembly, convened to hold an extraordinary session.
8. Where the number of unit owners in a building does not exceed four, they may opt for the system of administration provided for in section 398 of t4 Civil Code if so prescribed by the community statutes.

It identifies the presidents role