Spain Explained

The community of owners in Spain

Last updated on October 28th, 2019 at 04:22 pm.

There are countless urbanisations each hosting their own community of property owners (Comunidad de Proprietarios) throughout Spain.  On the whole they can be beneficial organisations. The intention is that through the annual general meeting decisions are made relating to the community and its upkeep. Common elements, such as swimming pools, stair wells, garden areas and other community facilities are cared for collectively.

However, having a community of owners does have its draw backs.  Permission must be sought if you want to alter your property and rules for the use of community facilities in Spain are set by the community as a whole.

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Some communities function extremely well. They enable the maintenance of a high standard of appearance for their properties and ensure the behaviour of those ‘passing through’ such as those renting or visiting.

However, there can also be difficulties. Enforcing the payment of community fees and disagreements between community members are two of the complaints most regularly featuring on forums and in discussions. It is well worth finding out more about your community of owners before buying the property.

Community fees

Each owner is assigned a percentage (cuota) of the annual expenses, and this percentage is shown on the Title Deeds of the Spanish property. The charges vary from community to community and it is one of the questions you should ask when purchasing.

The fees might be collected by standing order monthly, quarterly or at longer intervals. They are used to pay for expenses such as:

  • The maintenance of lifts and communal areas
  • Cleaning, sweeping and tending of outdoor garden areas
  • Costs of running the community itself e.g. payment for the administrator
  • Upkeep of security such as gates and doors
  • Maintenance of swimming pools
  • Community personnel such as a security guard or caretaker

The collection of community fees can be an issue in some communities. For example, it can be a particular problem where there are a large number of unpopulated houses or where there are difficulties collecting fees. This can cause tensions and additional expense for those using the facilities.

There are methods of recovering debts but they are not easy to pursue and some properties on communities lapse until the property is sold. If you do not pay your fees then you can still attend the community annual general meeting but will not be allowed to vote to elect either the Secretary or the Administrator. You will also be prohibited from contesting any decisions taken.

If the fees are not collected then they remain as outstanding debts against the property. When the owner comes to sell either they or the buyer will have to settle these before the property can change hands. A good solicitor will ensure that the community certificate of debt is checked at the Notary’s office.

People sometimes confuse their community fees with their council tax. Remember there will still be Spanish council tax to pay to the local town hall. This tax pays for the services that the council provides such as major road maintenance and street lighting external to but leading up to your urbanisation.

How is the community run?

Every community of owners must have a President who must be one of the property owners. They must also have an administrator who understands the law and how a community operates and fees are charged for this service. There is usually a college for administrators somewhere within the region who can supply administrators .For example, in the province of Alicante there is the Colegio de Administradores de Fincas de Alicante.

Members are entitled to attend the Annual General Meeting and should receive notification of when this is being held in sufficient time for them to arrange their attendance. Participants should be informed of the order of business and have the right to express their opinions and the right to vote at the meeting.

During the Annual General Meeting the president and administrator will be elected and the budget for the past and coming year should be discussed. The Statutes of the Community should be approved and any internal rules agreed. The president may also call an Extraordinary General Meeting.

The meeting will most likely be held in Spanish, depending on the balance of native and foreign speakers. There might be opportunity to vote to change the language the meetings are held in. If you are not able to attend you can appoint a representative and can delegate your vote to another member or appoint a proxy.

Minutes of meetings are recorded in a book (libro de actas) and these can be used as evidence in court proceedings. The administrator will keep the book of minutes.

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How do I join one?

There is no option of joining or not joining a community of owners. You are immediately a member once you have bought your property and must abide by the legal rights and obligations that come with it.

What happens if we don’t have one?

In some cases urbanisations have found that their community has no real purpose. Perhaps there are few shared facilities and the property owners feel generally that their needs would best be served by the council. Where this is the case, there is an alternative. If your urbanisation has no real common elements then it can be possible to unanimously dissolve the community.

Overall, the concept is a good one and having agreed rules to abide by can prevent many of the niggles between neighbours that can occur otherwise.

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30 October, 2019 9:02 pm

Have the following questions
The board is refusing to have the AGM end april when most owners present. but insist on early in the year.
There is one owner ON THE BOARD having a majority of shares (Investment company) during meetings
of the bioard and AGM
There is one BIG Owner (A Bank) never voting.
This means that whatever individual owners are proposing in a AMG against the investor
nothing can be done because the investor dominates the AGM
Do you see a solution?
Would highly appreciate your advise

Oscar Paoli

5 November, 2019 1:57 pm


Regarding the date of the meeting, the law says nothing about it but the resolutions stipulate that the AGM has to be on a reasonable date in which it can be guaranteed that the neighbors can attend and also notify them in advance so they can organize the assistance non-residents The date of the next AGM is voted in the previous meeting. If they disagree with the agreed date, they have one month since they receive the minutes to file a complaint with the administrator / president or in court.

On the other hand, unfortunately they cannot do much against the investor since if he has the most votes / quotas, he will have a majority. Therefore, provided that the investor complies with the law and the norms of the community, no action may be taken against him.

With kind regards,

Ábaco Advisers


12 November, 2019 5:49 pm

How the VAT is treated on community fees? Are they VAT exempt? The community of property owners cannot claim input VAT?
Do you know the rule?
Would highly appreciate your advise. Thank you.

Oscar Paoli

13 November, 2019 10:00 am

Hello Bonny,
VAT will be treated differently depending on the matter. For example works done to maintain or small repairs the communal areas in the community will be charged with VAT at 21% but if it is works like for example putting in an elevator in the community this is taxed at 10% VAT.
We are not experts in this matter, but we recommend you contact the administrator in your community who will be able to assist you in the matter.
Here is also a link to some useful FAQs that are responded by the Spanish Tax Authorities:

With kind regards,
Ábaco Advisers

Graeme Duncan

6 February, 2020 12:19 pm

Hi, I have one question regarding the attendance of “administrators” at the AGM. One of the topics for discussion at our up coming AGM is the election of the administrator. The intention is to select a new one as the community is not at all happy with the current one. In the UK & US at company board meetings you can do something called “in camera” sessions, where certain people are asked to leave as the topic is confidential or could cause conflict. We intended to use this approach at this point in the agenda as we did not want the admin agent sat there taking minutes and making representations when we are are in effect sacking them and selecting a new one and exploring their difficiencies”. However the admin agent has rejected the idea of an “in camera” session (probably becuase they know what is coming), stating by Spanish law they “as the secretary of the community approved last year will not sit out any part of the meeting”. Is this true? If so how can we achieve our aim?

Oscar Paoli

11 February, 2020 3:14 pm

Hi there,
Unfortunately it is true, they will not sit out any part of the meeting, even if you wish to discuss the matter of changing administrator.
With kind regards,
Ábaco Advisers

Andrew Moore

25 March, 2020 8:38 am

Hello there. I am an English resident of a small community in Benidorm. The community has thirty apartments. I understand that if elected or selected through “drawing straws”, a President of a community cannot refuse to perform the role unless sanctioned by a judge. On what grounds would this appeal likely to be successful? My interest is academic only at the moment but I do not feel that I would have the competence to perform this role if I were ever burdened with it. Essentially, although I can speak some Spanish (low intermediate level), I do not have the Spanish language skills to execute the role and although it would probably be of no concern legally, I have neither the time nor the interest to perform this role conscientiously. It would appear to me extremely stupid for a community to appoint someone as a President under these circumstances but crazier things have been done!

Oscar Paoli

27 March, 2020 4:34 pm

Hi Andrew,

According to the horizontal property law, the president is appointed by election or, if no one proposes, by rotating shift or lottery. The appointment is mandatory, although the designated owner may request his release to the judge within the month following his access to the position, explaining the reasons one may have. The judge will then decide by appointing the owner to replace in his case.

Likewise, the judge may be called upon when, for any reason, it is impossible for the Board to designate the president of the community.

With kind regards,

Ábaco Advisers

Trevor Chapman

23 July, 2020 5:06 pm

Does a Community committee have any authority. Can they stop excess traffic on Community Calle´s ?

Oscar Paoli

23 July, 2020 9:14 pm

Sorry Trevor, not completely sure what you are reffering in this case. Could you please clarify your query?

Thank you very much in advance.

Kind regards,

Ábaco Advisers


24 July, 2020 9:16 am

I recently purchased a property with a community of 20 small houses. The builder owns one of the properties and has declared himself President. I am being asked to pay a monthly fee towards the upkeep of the pool. During the 8 years since these properties were built, the owners have not received any annual financial accounts and also there hasn’t been any AGMs. I do not mind paying the fee but would like some accountability. The annual community income from the owners is over 8000€ just to maintain a small swimming pool that has no lighting or garden.
This does not seem right?

Oscar Paoli

24 July, 2020 9:47 am

Hi Barry,
You should have at least one anual AGM meeting and we would recommend you take up this matter with the President and the Administrator so they can show you the bookkeeping of the community.
With kind regards,
Ábaco Advisers


20 November, 2020 7:27 pm

Our community AGM for this year has been postponed due to COVID and it’s likely that it will not take place until next year. However, we have a matter we would like to raise which requires community approval and have requested that the meeting be held via Zoom but the administrator has said that this is not possible and that the meeting has to be held in person. As long as the notice given and we adhere to the by laws are you able to advise as to whether we could host remotely via Zoom?

many thanks

Oscar Paoli

24 November, 2020 12:46 pm

Hi Helen,

Spanish law, specifically the horizontal property law, establishes how the neighborhood meetings will have to take place. It is clearly stipulated that it has to be in person and there is no possibility that they are to be arranged online. Given that the law does not contemplate it, it is understood that meetings cannot be held via Zoom, Skype, etc. Until the law is changed and adapted to the situation, annual neighborhood meetings must be in person. One of the reasons is that there may be neighbors who are not prepared to hold a meeting in this way (for example, elderly people) and they want to guarantee their rights of participation. Another reason is to avoid fraud due to lack of means.

With kind regards,

Ábaco Advisers


30 November, 2020 2:47 pm

Can in excess of 25% of owners call an EGM. Burofax sent to the president with all votes but he chose not to act on it but clearly informed the Administrators who just put up a notice to say the meeting was illegal. Some Spanish owners have branded the meeting illegal as it was not called correctly ?

Oscar Paoli

1 December, 2020 11:53 pm

Hi Linda,
According to the Horizontal Property Law, the Board of Owners will meet at least once a year to approve the budgets and accounts and on other occasions that the president deems appropriate or is requested by a quarter of the owners, or a number of these representing at least 25 percent of the participation quotas.
We would need to see the specific case you are discussing and how it was called in but it does seem that it has been arranged according to the law.
Hope this information is useful.
With kind regards,
Ábaco Advisers


27 December, 2020 4:49 am

My elderly father (now 90) has a complicated issue. He has a Spanish apartment that was rented to the ‘President Of The Community’s ‘ son . The president used to pay my father’s letting agent (now dissolved) the rent in cash on behalf of her son and did so for over a year., while the son paid the monthly Comunidad. They stopped paying rent in 2009 because they claimed my father was not the owner because the deeds were never updated with my fathers name. Anyhow after saving some monies we went through the courts and my father was deemed to be the owner since 1980 (when he purchased the property) and the deeds updated in 2016. Since then we have spent 4 years trying to evict the President’s son from our flat because he has used free legal aid and kept appealing to higher courts (even the Supreme Court Of Spain), sacking his lawyers , etc to delay proceedings (it seems he has also been subletting our flat too with the obvious knowledge of the ‘Community Of Owners’). We are now close to evicting him but since 2009 we have never received any communications from the Community of owners (regarding any Comunidad debts being owed ). Once he is evicted, we have concerns whether we will end up having to pay some backlog of Comunidad debts that were supposed to have been paid by the Presidents son. The son and the ‘Community of Owners’ (ie . President (mother), Secretary (father) and the Administrator) worked together providing evidence in the courts against my father in their ‘failed’ appeals to delay the President’s son eviction . Is it legal for the President /Community Of Owners’ to be working together trying to get personal benefit (ie. rent free accommodation for the Presidents son) to the detriment of another unit owner (ie. my father)? We seem to have a ‘perfect storm’ of conspiracy happening to make my fathers (and our lives) a misery. What do you suggest we do to put right this injustice? Should we inform the other unit owners of the current situation so that they can vote for the removal of the ‘Community of Owners’ ? What if the Comunidad has not been paid by President or her son ? What about the rent that they withheld paying for the period 2009-2016 , shouldn’t they have informed the whole community about the situation and deposited that rent in the ‘Community of Owners’ bank accounts to be ‘shared’ by the whole community?

Oscar Paoli

4 January, 2021 1:59 pm

Hi Keith,

Thank you for contacting us and sorry to read about the situation.

It doesn’t seem like a case we can help with directly as you will need a specialized lawyer that assists you in the matter. Nevertheless we can inform that of course the neighborhood committee (president, secretary, etc.) must fight for the rights of the community owners and not for their own benefit. Therefore, at first glance, what they have done does not seem to be completely legal. We believe you should take up the matter at the next community of owners meeting and change the charges if necessary.

The issue of community debts that may exist should have been communicated directly to you. If you have proof of the agreement reached with the president’s son (that he would take care of the community expenses) then it will be easy for you to claim it.

The outstanding rent from years ago will have to be claimed from the tenant and if he does not pay it amicably you will have to go to court.

As we believe think it is something that is most likely going to end up in court, we would highly recommend that you find a local attorney so that he can represent you.

If you need any assistance with finding a lawyer that can assist you please do not hesitate to contact us at

With kind regards,

Ábaco Advisers

Noel O’C

19 March, 2021 6:49 pm

I believe that non owners can attend the community AGM as observers. However, only fully paid up owners are allowed to actively participate in the discussions at the AGM including the casting of votes etc.

If a non owner attempts to actively participate in or influence agenda item discussions at the AGM, then the President and/or the Secretary/Administrator must halt the AGM and seek the ejection of the non owner.

Can you confirm this to be the correct procedure please?

Oscar Paoli

23 March, 2021 1:29 pm


Thanks for your query.

Only the owner of the property may attend the meeting, and in the event that there are more than one owner (for example a married couple), only one of them would attend, or a third person will be represented in writing/power of attorney to to attend on their behalf. This is regulated in the Horizontal Property Law, in Article 15, which also says that “The owners who at the time of the meeting were not up to date with the payment (…) may participate in its deliberations if either they will not have the right to vote.”

Non-owners are allowed to attend the Meeting in certain cases such as tenants, advisor/lawyer of an owner, etc. In these cases they do not have the right to speak or vote (unless a neighbor has given them representation in writing as mentioned before of course). Providers can also attend (for example, someone who comes to explain the installation of gas, TV antenna, A/C, etc.) who will only answer questions and talk about the specific topic.

If a non-owner does not have justified cause this person cannot attend the meeting. In case of having a specific justification, the law does not say anything about the expulsion but if he requests voice or vote, it is accredited that they ask him to leave the meeting.

Hope this can be of assistance.

With kind regards,

Ábaco Advisers

Ian Hunter

9 July, 2021 8:04 pm

Hello, My partner and I are co-owners of two apartments in the same urbanisation. We are not married and are not in a civil partnership. Can we each vote at the urbanisation’s annual general meeting? Thanks, Ian

Oscar Paoli

25 July, 2021 10:09 pm

Hi Ian,

I understand, as you say, that each one owns an apartment and you want to be able to vote indistinctly for the two homes (that is, to represent each other). The answer in any case is that any owner can authorize a third person to represent him/her at the meeting. Therefore, as each apartment corresponds to one of you, you will need the authorization of the one who does not attend the meeting to vote in his behalf.

A letter signed by the owner will suffice for him/her to vote and participate on behalf of the non-attendant (art. 15 LPH).

Hope this information is of assistance.

With kind regards,

Ábaco Advisers

David Steventon

15 July, 2021 4:19 pm

Our community president wants to change the voting for president and committee members to postal voting only, with no voting for this at the AGM and the result known by him and the administrators before the meeting, and announced at the meeting. He says he has been advised by the administrator that he can personally introduce a change to the voting system in respect of president, Vice President and committee members without it being agreed by the community of owners. We do not think this can be right. Surely any changes to a voting system must be first agreed at an AGM and then introduced the following year? Would very much appreciate your advice.

Oscar Paoli

25 July, 2021 10:05 pm

Hi David,

The voting system cannot be changed unilaterally by the Administrator. The only way to vote at the meeting provided by law is personally or through an authorized person who attends the meeting on behalf of the owner.

Due to the pandemic, a law was approved regulating telematic meetings and votes as long as all residents have access to the appropriate means. Therefore, it must be consensual among the neighbors and cannot be decided by the president / administrator. If a single neighbor does not have means of access to the telematic channels, this method cannot be used.

Except for exceptional situations, the board must meet once a year at least.

Hope this information can be useful for you.

With kind regards,

Ábaco Advisers


7 August, 2021 11:52 am

I live on a community of over 200 apartments and, like most communities, some are owned by full time residents, some are owned by those who use them as their own holiday apartment and some are owned by investors who let on a weekly basis to holiday makers.

Some of these investment apartments are occasionally let to single-sex groups, more often during the summer and these few often cause disturbances for the community.

I have 3 questions, the first is…

Could an internal rule be made (assuming it could be passed at an AGM) that no owner can let to single-sex groups?, that is 3 or more guests – perhaps with a sub-clause to clarify that single-sex couples are not affected by this rule.

Is there a limit as to how many proxy votes one person can be given?

Is there a minimum percentage, either quota or of owners voting (either in person or by proxy), to pass a new rule. In the past a new rule has been passed by only 15% of the owners.

Thanks in advance

Oscar Paoli

9 August, 2021 1:24 pm

Hi Vinent,

Thank you for your message.

As response to your queries.

1. Yes, this could be agreed but it would have to be agreed by everyone, nevertheless it is very complicated to know exactly what each person does in their home. They could make tenants sign a commitment to comply with the community regulations.

2. There are no limits.

3. There must be the minimum quorum established by law and it must be adopted unanimously by the attendees. Whoever does not attend the AGM has a month from the moment they receive the minutes to make allegations. The percentages depend on the rule to be applied. It would be necessary to see if its internal rules establish something different from the Law. In that case, its rules would be applied preferentially.

Hope this information is useful.

With kind regards,

Ábaco Advisers

Eileen Pearson

11 October, 2021 1:36 pm

The community where I own an apartment consists of two buildings the largest containing 14 small apartments of various sizes. My apartment is in a smaller building which consists of 4 equal size apartments. Both blocks now require painting. The cost for our block is 6.400€ of which I presumed I would pay 25% (1.600€) however 3.000€ has been taken from my bank account by our administrators presumably because at least one definitely and probably a second owner in our block are in debt and therefore not contributing. Can I demand a refund of 1.400€.

Oscar Paoli

14 October, 2021 7:39 am

Hi Eileen,
Thank you for your message.
For the community to charge these amounts we assume that a general meeting has taken place and this matter has been voted and agreed upon. We recommend checking with your community to see what agreements have been met.
With kind regards,
Ábaco Advisers

Luc Van Hove

16 October, 2021 1:56 pm

February 2020 we had an AGM, here the administrator was not re-elected, but a new administrator was not proposed and hence not elected. At this point we were virtually without administrator? A few weeks later an EGM was planed to elect a new administrator. This EGM could not take place because of COVID. Since then the acting (not re-elected) administrator continued the job.

Now 26/10/2021, 19 months later, a new EGM is planed that contains an agenda point “Selection and appointment of the new administrator”, with thee candidates listed. The invitation and agenda were send by the President without informing the “acting” administrator. So the EGM will be held without administrator present.
I proposed, by e-mail, in addition the acting (in 2020 not re-elected) administrator as candidate for the new administrator job. This was not accepted by the president.

– Is it acceptable to hold an AGM/EGM withhout an administrator present.
– Can the president reject the candidacy of an administrator who was 19 months earlier not re-elected.

I Would highly appreciate your advise

Oscar Paoli

19 October, 2021 7:39 am

Hi Luc Van Hove,
As for the first question, it depends on the specific position of the administrator. That is, if you are administrator and secretary or only administrator. It also depends on the specific regulations of the community. If you only have administrator functions in principle, there would be no problems to hold a meetin. However, if he is the secretary-administrator, the meeting could be contested if he is not summoned since the secretary is the one who must write the minutes and sign them together with the president. This is what the Law says but it could be that the statutes of your community regulate something different. It also depends on the interpretation of the judge in your case, that is, if there is urgency in the EGM, if there are conflicts of interest, etc … Ultimately it depends on the specific case.
Regarding the second question, with the information we have, the president cannot reject the candidacy.
With kind regards,
Ábaco Advisers


19 October, 2021 9:04 am

My apartment is one of 70 with 7 blocks of 10 apartment. The urbanisation is around 50 years old. Water is paid from our community fees, the bills aren’t hugely expensive. There is mentioned of installing indiviual water metres. My thoughts are that this would increase costs, as each would recieve a minimum charge plus usage. Do you have any advice, information?

Oscar Paoli

19 October, 2021 10:43 am

Yes, most likely the costs will increase. We would recommend to check with the AGM how this will affect you as they will be aware of the existing costs you have and what you are expected to pay once the change has been made.

With kind regards,

Ábaco Advisers


19 October, 2021 9:25 am

I have a long term tenant, in my apartment. She would like to attend the AGM, which I am very supportive in her doing. I understand she would not have voting rights, unless I alloate my proxy to her, but can she attend and contribute to general discussions. Is this allowed?

Oscar Paoli

19 October, 2021 10:45 am

We recommend she has an authorisation or proxy, to be presend and to vote, on your behalf to avoid any issues or that they do not grant her permisssion to assist.
With kind regards,
Ábaco Advisers


19 October, 2021 9:27 am

I have 4 apartments on the same urbanisation. Can I allocate a proxy for attendance and voting at an AGM for one of them to my long term tenant and retain voting for the others? If so can we both attend the AGM and vote?

Oscar Paoli

19 October, 2021 10:46 am

Hi again Susan,

You can give this person proxy to vote for the quota of your 4 apartments.

With kind regards,

Ábaco Advisers


22 October, 2021 9:37 am

Our President has stated that once again in 2021 there will not be an AGM, “because of Covid “. This was the reason in 2020. So 2 years have passed without an AGM.
There are various issues which require to be discussed and decisions made. We , one owner, have put certain points in writing to the President ( who incidentally is not in residence, at least for the moment) but he never responds unless he is personally affected.
Is he obliged to call the AGM?

Oscar Paoli

25 October, 2021 8:58 pm

Sorry, not sure we understand your query. Could you please clarify your query?

Thank you very much in advance.

With kind regards,

Ábaco Advisers


26 October, 2021 11:09 am

Our problem is that we have an egotistical, manipulative President in post who will not listen to any queries/concerns about the urbanisation, it’s his way only!
Unfortunately any attempt to criticise him is met with what can only described as abuse (from his partner).
This recently culminated in a public very toxic post (on our community chat app.) directed at my husband and I.
Are we within our rights to ask for a public apology as this was very personal abuse, totally inaccurate and untrue.

Oscar Paoli

27 October, 2021 7:49 am

Unfortunately it is not within your rights to ask for a public apology, but you can always try to change the president of the community at your next AGM meeting.
With kind regards,
Ábaco Advisers

B A Horton

2 November, 2021 6:31 pm

Our Community held a EGM (called by amassing 25% of owners signatures) where only some owners were informed by social media and some known and otherwise obtained email addresses. The administration were not invited and so we’re not able to attend and the President and 1st Vice President didn’t attend, believing the meeting to be illegal. The meeting and it’s minutes were taken and signed by an owners wife (not on the deeds) who ‘performed’ the role of legal secretary. This person holds no professional SPANISH qualifications for an administrator and or secretary. Quite aside from the fact that not all owners were informed, under article 13.6 of the LPH am I right in understanding that the owners wife’s position as secretary was illegal thereby rendering any voting for a new President or new administration inadmissible?

Oscar Paoli

3 November, 2021 5:41 pm


Apparently the meeting is illegal from the very moment it is called, since ALL the owners must be informed in a reliable way (it would not be enough to do it through social media). For example, it would have been valid to send a letter to each of the properties or an email if this means of contact has been chosen.

On the other hand, the secretary must be an owner or a competent administrator.

You may therefore act against the decisions taken at this meeting. Your administrator can explain the process to you. If the out-of-court process is not sufficient, you will have to go to court to reach an agreement.

With kind regards,

Ábaco Advisers

Rob Albon

7 November, 2021 11:03 am

How many years can a President of a urbanisation stay in office is there time limit
Thank you

Oscar Paoli

9 November, 2021 9:37 am

Hi Rob,

Normally, the presidency of the community by the same person has a minimum duration of one year. However, as an exception, it may be the case that the statutes or the General Meeting of Owners agree and approve another term, that could either be shorter or longer. As long as they are re-elected when voted there should not be any issues with that.

With kind regards,

Ábaco Advisers

Frank Lobran

18 January, 2022 12:57 pm

One of the secretaries working for the administrator is also owner of a bungalow in our community. Now she candidated as vice president and was voted. Is this case a of CONFLICT OF INTERES. In 3 months the president will retire so she would take his place as president!

Oscar Paoli

19 January, 2022 12:48 pm

Hi Frank,

There is really no conflict of interest as she simply works for the administrator but as such has no decision-making power. In any case, the law even says that the administrator and the president could be the same person, so there would be no problem:

Art. 13.5 Ley propiedad Horizontal:
The functions of the secretary and the administrator will be exercised by the president of the community, unless the statutes or the Board of owners by majority agreement, provide for the provision of such positions separately from the presidency.

Hope this is information is of assistance.

Kind regards,

Ábaco Advisers

Frank Lobran

18 January, 2022 1:14 pm

I have an other question.
The last meeting was few weeks earlier announced as an EGM. Was then canged to AGM. A majority of owners living abroad sent the EGM proxi to the person they wanted to represent them. Now at the meeting all EGM proxis have been declared as useless.
Is it correct not to take in consideration that they probably involuntary may have thought that the second letter was just a reminder to vote?
Thanks and regard

Oscar Paoli

19 January, 2022 12:49 pm

Hello again Frank,

If the neighbours were informed in advance and by the means established by the law and the statutes of the community there is no negligence as the owners are somehow obliged to read the correspondence of the community of neighbours.

The only thing that could be looked at is the authorisations that have been withdrawn in case they were general, perhaps they could have been accepted. In other words, check the format of the rejected authorisations. If there are a lot of neighbours affected, you could ask for a repetition of the meeting or vote for this reason.

Kind regards,

Ábaco Advisers