Can the President of a Community be a non-owner? What if he is a usufructuary?
REPLY. The art. 13. Points 2 and 3 of the Spanish Horizontal Property Law clearly establishes that the owners will choose from among them a president who will represent the community in court and out of it.
Given that the only possibility that the law cites for that position is that it be held by a co-owner, if the Board appoints a third party who does not have any ownership rights in the property, it will imply that the appointment agreement will be voidable from the moment of its adoption. Dissenting joint owners must file the corresponding legal challenge in a timely and appropriate manner.
Regarding the second part of the question, given that the co-ownership relationship over common elements is established between the holders of the domain right affecting the private areas that are integrated in the property, the legal relationship created between the constituents of the usufruct will not affect that, for which for all purposes the owner of the home or undisputed owner will be the one who will be invested with rights and obligations against the rest of the owners. For this reason, we understand that the usufruct may not be appointed president either, having to be considered for the purposes as a third party. 15.1 of the LPH. It establishes that the vote in case of usufruct corresponds to the bare owner, regardless of whether he may be represented at the meeting by the usufructuary in matters that refer to acts of administration.
F. Brotons Baldó. Farm administrator
Topics: Requirements to be elected President of the Community. Necessary and sufficient condition.Usufructuaries and owners: eligibility. Conditions and requirements that a President of the Community of Owners must fulfill.
Related TopicsHousing- Communities:
- Election Community Board of Directors
- Acceptance of position President Community Owners
- Functions of the Vice President