Who can be president of the owners' association and how long does the post last?

Question

José Manuel Alburquerque · Accepted Answer

Only an owner can be president, even if they do not live in the building. A tenant, on the other hand, cannot. The post lasts one year and can be renewed. When the year is up, the president remains in office until the next annual general meeting. The owners' general meeting can remove the president earlier at any time, provided the matter is on the agenda. Who can be president The “Código Civil de Cataluña”, the Catalan Civil Code, requires the office of president to be held by an owner. It does not require them to live in the building, so someone who lets out their flat or lives in another city can be president. The tenant and others who use the flat without owning it cannot. Some common cases: If the flat belongs to a company, in principle the company can be president, acting through its representative. If the flat has several owners, in principle any of them can be president. In votes, however, the flat has only one vote. The office of secretary, on the other hand, can be held by an outsider, the professional managing agent hired by the owners' association (the “comunidad de propietarios”). The meeting can also appoint a vice-president, who stands in for the president when the president is absent or unable to perform the role. How long the post lasts The post lasts one year and can be renewed. When the year ends, the president remains in office until the next annual general meeting is held, the one that approves the accounts and elects the officers each year. For example, if you were appointed at the annual general meeting in March 2026 and the 2027 meeting is held in May, you remain president until that May meeting. The Catalan code does not provide for the by-laws to set a different term. Removing the president early The meeting can remove the president at any time, without waiting for the year to end. The matter must be on the agenda of an annual or extraordinary general meeting. A simple majority is enough, that is, more votes and more participation shares in favour than against among the owners who vote. The participation share is the percentage each flat has in the building. If the president does not want to call that meeting, it can be requested by a quarter of the owners or by owners who together hold a quarter of the shares. If the president does not call it, the vice-president can do so and, failing that, the owners who requested it. In the rest of Spain, the Horizontal Property Act (“Ley de Propiedad Horizontal”) allows the by-laws to set a different term and requires an extraordinary general meeting to remove the president early.