Spanish property law generally requires an owner appointed as president of a homeowners’ community to take on the role. For older residents, the responsibility can become difficult to manage: the president represents the community in court and other legal matters, while also handling issues affecting the building. Article 13.2 of Spain’s Horizontal Property Law provides a route to seek relief when an owner has justified reasons for being unable to serve.
The governing statute, Ley 49/1960, de 21 de julio, sobre propiedad horizontal, says the president must be chosen from among the owners, normally by election and, where applicable, by rotation or drawing lots. The appointment is compulsory, but the designated owner may ask a judge to release them within one month of taking office, explaining the reasons. The judge considers the circumstances and may name a replacement while deciding the matter. The law sets no fixed age at which an owner is automatically exempt; age may be relevant alongside health-related limits, including disability or cognitive impairment, or practical barriers such as living elsewhere.
Communities may discuss alternative arrangements at a homeowners’ meeting and record the decision in the minutes. These discussions can help resolve practical difficulties, but they are separate from the formal judicial process under Article 13.2. An owner seeking legal release from the appointment must apply to a judge within the one-month period.
Medical records or other evidence may help explain why an owner cannot carry out the role, depending on the circumstances. Serious illness or mobility limitations may affect a person’s ability to perform the duties, as can cognitive difficulties, living elsewhere for much of the year or trouble managing administrative tasks. The law does not list these circumstances as automatic grounds for exemption; the judge decides based on the reasons presented.
Article 10.1.b addresses a separate issue: the community’s obligations to carry out legally required conservation and accessibility works, including measures to improve access and remove architectural barriers under the conditions established by law. It refers to people with disabilities and owners aged over 70 in the context of accessibility needs. That provision concerns building works, while Article 13.2 governs appointment to the presidency and requests for relief from it.
Spain’s approach to property management reflects the challenge of accommodating an aging population while ensuring homeowners’ communities can meet their responsibilities. The government has also pursued reforms to support people with disabilities and those requiring care, including efforts to increase funding for dependency services. For example, a recent government initiative sought to double the budget for care services, underlining the growing policy focus on vulnerable groups.
More than 20% of Spain’s population is over 65, information from national statistics. As property administration grows more digital and complex, communities may need to consider residents’ individual circumstances when assigning responsibilities. The legal structure combines a general duty to serve with a judicial process for owners who can show justified grounds for seeking relief.
