Functions of the President of a Neighbourhood Community with a Property Manager: What You Need to Know
The president of a neighbourhood community plays a fundamental role in the management and representation of the community, especially when there is a property manager involved. Although the property manager handles many of the administrative and technical tasks, the president remains the legal representative of the community and is responsible for ensuring that the agreements made by the residents are fulfilled.
What is the President of a Neighbourhood Community?
Definition and Legal Framework According to the Horizontal Property Law
The Horizontal Property Law (LPH) defines the president of a neighbourhood community as the co-owner who legally holds the representation of the community, both in court and out of it. This means that although the president must answer to the assembly of owners, they also have the power to act on behalf of the community in various legal and administrative situations.
Election and Appointment: Who Can Be President?
Any property owner within the community can be elected as president, regardless of their age or level of education. The appointment can be made through direct election, a draw, or a rotational system, and must be recorded in the minutes. The term of office is usually one year unless the community’s statutes stipulate otherwise or extensions are agreed upon.
Main Functions of the Community President with a Property Manager
Call and Chair Meetings of the Owners
One of the key functions of the president is to call and chair the meetings of the owners. It is their responsibility to set the date, location, and time of the meeting, as well as supervise its development. Additionally, they must ensure that all owners are notified in advance and that the topics on the agenda are addressed.
Sign and Close Meeting Minutes
After each meeting, the president must sign the corresponding minutes within a maximum of ten days. This document is crucial as it records the agreements and decisions made, as well as the discussions that took place.
Legal Representation of the Community
The president legally represents the community in all dealings with third parties. This includes, for example, signing contracts or representing the community in legal proceedings.
Coordination of Tasks and Communication with the Property Manager
The president acts as the main link between the owners and the property manager, ensuring smooth and effective communication. Additionally, they may assign specific tasks to other neighbours, such as maintaining common areas.
Demanding Payments and Stopping Disturbing Activities
In cases of non-payment or activities that disrupt the community, the president is responsible for resolving these conflicts, either by demanding the payment of debts or requesting the cessation of disturbing activities.
Differences Between the President’s Functions and the Property Manager’s Role
Administrative and Financial Management
While the property manager handles the economic and administrative management of the community, the president must oversee and authorise these activities. The manager handles the collection of fees, the preparation of budgets, and the control of expenses, but always under the president’s supervision.
Maintenance and Repairs
The property manager also coordinates the maintenance of facilities and the hiring of repair services. However, it is the president who must approve and sign the relevant contracts.
Legal and Technical Advice
The property manager provides professional advice on legal and technical issues, ensuring that the community complies with all current regulations. The president, meanwhile, must stay informed and approve strategic decisions.
What Happens if the Community Does Not Have a Property Manager?
Additional Responsibilities for the President
In the absence of a property manager, the president assumes many of the administrative and financial functions. This includes managing accounts, hiring services, and safeguarding documentation.
Implications for Community Management
The lack of a property manager can significantly increase the president’s workload, making it difficult to manage the community effectively and potentially leading to conflicts if adequate support is not in place.
Can a Community President Resign?
Conditions and Process for Resigning
Although the role of president is mandatory, there are certain conditions under which a president can resign, such as health issues, old age, or the inability to fulfil the duties due to work responsibilities. To resign, a request must be submitted to a judge, or in some cases, the assembly of owners can approve the resignation.
Alternatives and Possible Exemptions
In some cases, the assembly may choose to appoint another owner to take on the role, or alternatively, divide the responsibilities among several neighbours to reduce the president’s workload.
Optimise the Management of Your Community with the Right Property Manager
The president of a neighbourhood community with a property manager remains a key figure in the management and representation of the community. Although the property manager facilitates many tasks, the final responsibility rests with the president, who must ensure that all decisions are correctly executed for the benefit of all owners.
If your community does not yet have a property manager or is considering changing the current one, now is the time to act. An experienced property manager not only lightens the president’s workload but also ensures efficient management in compliance with regulations. At Ríos Espinosa, we have a specialised team in property and community management, ready to help improve the operation of your community. Contact us.
