Be president of a neighborhood association It is not voluntary, but a legal obligation for the designated owner. This is expressly established in article 13.2 of the Horizontal Property Law, which indicates that “the appointment will be mandatory”. The College of Property Administrators of Madrid reminds us that this obligation is maintained even when the owner does not wish to hold the position, since the law does not contemplate automatic resignation.
As explained by these professionals, the resignation of the president is only possible if the owners’ meeting expressly accepts it, through an agreement adopted by a simple majority of those present. This interpretation is supported by article 13.7 of the LPH, which establishes that charges can be removed by agreement of the board, which implies that unilateral resignation does not have automatic effects without that community support.
If he designated owner refuses to exercise the position without going to the judge or obtaining the approval of the board, the community cannot impose sanctions directly, since the LPH does not contemplate a sanctioning regime for this case. However, as the property administrators point out, the community can go to court to demand compliance with a legal obligation, relying on the mandatory nature of the appointment contained in article 13.2 LPH.
The charge lasts one year and can only be avoided through legal means
The duration of the position of president of the neighborhood community is one year, unless the statutes establish otherwise, in accordance with article 13.7 of the Horizontal Property Law.
However, the law itself provides for an exception, which is that the designated owner may request his/her release from the judge within a period of one month from his/her appointment, alleging the reasons that prevent him/her from exercising the position. This possibility is expressly included in article 13.2 of the LPH, which attributes to the judge the final decision on whether the replacement and appointment of a provisional substitute proceeds.
In addition to the assumption of relief for personal reasons, the LPH Law allows the judge to go to court when the board fails to appoint a president, for any reason. Again, it is article 13.2 LPH that enables this judicial avenue to unblock the situation.
In these cases, the judge will appoint an owner to hold office until a new election is held.
Now, it should be added that article 13.4 provides for the figure of the vice president of the community, but this has the function of replacing the president in cases of absence, vacancy or impossibility.