What can the president of the owners' association do and what can they not do?

Question

José Manuel Alburquerque · Accepted Answer

The president represents the owners' association (the “comunidad de propietarios”), calls and chairs the meetings and makes sure that the association runs properly and that the secretary and the managing agent do their job. But it is the owners' general meeting, not the president, that takes decisions in the association. That is why the president cannot, on their own initiative, commission works or approve unbudgeted expenses that are not urgent, impose special levies, change the managing agent or change the association's rules. To sue on behalf of the association, the prudent course is for the meeting to agree to it beforehand. What falls to the president Under the “Código Civil de Cataluña”, the Catalan Civil Code, it falls to the president to: Call and chair the meetings. The president must call one when asked to do so by at least a quarter of the owners or of the participation shares, the percentage each flat has in the building. If the president does not, the vice-president can call it and, failing that, the owners who requested it. Represent the association in and out of court. Sign the minutes of each meeting with the secretary within five days of the meeting. Bring a notary to the meeting to draw up the minutes. The president can do so on their own initiative and must do so if asked in writing, at least five days beforehand, by a quarter of the owners or of the shares. Sign before a notary the public deed for resolutions that require one, such as an amendment to the by-laws. Authorise the managing agent to pay an urgent and unforeseen expense out of the reserve fund. Urgent repairs can be commissioned by the managing agent, who must report them to the president straight away. Formally require a neighbour carrying on nuisance activities or activities prohibited by the by-laws to stop them, on the president's own initiative or when asked to by a quarter of the owners. This must be done by a method that leaves a record, such as a “burofax” (a certified letter with proof of content). If the activity continues, it is the meeting that decides whether to sue. What the president cannot do without the meeting The meeting is the body that takes decisions in the association. The president answers to the meeting, which can remove them from office at any time. Without a resolution of the meeting, the president cannot: Commission works or approve expenses not included in the budget, except for urgent repairs. Impose special levies, which are extraordinary charges to pay for works or other expenses. Hire or change the managing agent or appoint other officers. Change the by-laws or the rules on community living and on the use of the common areas, or impose prohibitions not contained in them. Use the reserve fund for expenses that are not urgent and unforeseen. Lawsuits The president represents the association in court proceedings. But to sue on behalf of the association, the prudent course is for the meeting to agree to it beforehand and authorise the president, with the matter on the agenda and by a simple majority. The Catalan Civil Code does not expressly require this, but the courts may ask for it. In addition, before suing, the law generally requires an attempt at negotiation with the other party.