When a property owner in Spain is appointed president of their building’s community association, the office is generally compulsory, regardless of age. But an owner facing serious health or personal obstacles can seek judicial relief instead of simply refusing the appointment.
Article 13.2 of Spain’s Ley de Propiedad Horizontal governs the appointment of the president, by election or rotation, among other methods allowed by law. The president also represents the community in dealings with third parties and in court, making the role more than a meeting-chairing duty. Age, residence or inconvenience do not automatically make the appointment optional.
Grounds for Exemption
There is no automatic age threshold that exempts an owner from serving. Advanced age can be a relevant factor, but the person’s circumstances and ability to carry out the duties matter. Legal commentator Alfredo García López identifies advanced age among grounds that may support judicial relief when serious, substantiated reasons accompany it.
Other potentially persuasive grounds include medically documented illness or responsibility for dependent relatives. Habitual residence elsewhere and work shifts that make the role practically impossible to perform may also support an application. Each case turns on the individual circumstances. Medical reports or evidence of caregiving responsibilities can help demonstrate the claimed difficulty. Proof of residence elsewhere and employment records can document other grounds.
How to Request a Replacement
A verbal refusal at the owners’ meeting does not replace the legal process. The appointed owner must submit a reasoned application to the Juzgado de Primera Instancia in the locality where the property is situated, within one month of being designated. The request should explain why the owner cannot perform the role and include supporting evidence where available.
If the court grants relief, it may appoint a replacement while the community proceeds toward a new appointment. The one-month deadline applies to the owner’s request for judicial relief. The appointment should not be treated as a unilateral resignation.
Financial Obligations and Compensation
All property owners are required to contribute to the building’s general expenses information from their share, as set out in the Ley de Propiedad Horizontal. These cover impressive maintenance and services, along with other shared responsibilities. For special assessments (derramas), the law distinguishes between necessary works, such as repairs for safety or accessibility, which are mandatory for all, and optional improvements. Dissenting owners are not obliged to pay for optional improvements if the costs exceed three months of ordinary expenses.
If an owner later wishes to benefit from an improvement they initially opposed, they must pay their share of the costs, adjusted for legal interest. This often applies to non-impressive upgrades or new communal facilities.
The presidency is not ordinarily treated as a salaried job. Communities may approve reimbursement of expenses or another compensation arrangement, including a reduction or waiver of community fees. These are not automatic statutory entitlements and should be agreed by the owners’ meeting. In Catalonia, the Civil Code explicitly states that these roles are unpaid unless filled by someone outside the community, though reimbursement for expenses incurred is permitted.
For older property owners and others facing genuine obstacles, Spanish law provides a formal route to seek relief from the office. The basic steps are to act within one month of appointment and apply to the court with jurisdiction where the property is located. The request should include a clear explanation and relevant documentation.
