The property manager plays a key role in managing homeowners’ associations. Their responsibilities go beyond simple financial management, covering legal, administrative, and operational aspects.
Understanding their legal obligations is essential to ensure transparent and efficient management, prevent conflicts, and ensure regulatory compliance.
In this article, we will analyze the legal framework governing their work, their main obligations, and the consequences of poor management.
Legal Framework for Property Managers in Spain
The practice of property management in Spain is regulated by various laws that define their functions and responsibilities. Although there is no specific law that exclusively governs them, their work is subject to several legal frameworks.
Horizontal Property Law
The Horizontal Property Law (LPH) is the main regulation governing the management of homeowners’ associations. Article 20 outlines the administrator’s duties, including managing common expenses, executing the assembly’s agreements, and maintaining the building.
Civil Code
The Civil Code establishes general principles regarding the administration of common assets and the liability of managers in cases of negligence or damage to third parties.
Regional Regulations and Community Statutes
Some autonomous communities have specific regulations affecting property management. Additionally, each homeowners’ association can establish additional rules in its statutes, provided they do not contradict current legislation.
Certified vs. Non-Certified Property Managers
In Spain, it is not mandatory for a property manager to be certified, but joining the College of Property Administrators ensures ongoing training and adherence to a professional code of ethics. Hiring a certified manager provides greater legal security and professionalism.
At Ríos Espinosa, we have Certified Property Administrators. If you want to learn more about our service, visit our property management section to get in touch with us.
Main Legal Obligations of Property Managers
A property manager assumes various responsibilities established by the Horizontal Property Law and other regulations. Their duties include financial management, building maintenance, and representing the community in specific procedures.
Financial and Accounting Management
One of the key aspects of their role is managing the community’s accounts. Their responsibilities include:
- Preparing and presenting the annual expense budget.
- Managing the collection of community fees and controlling payments.
- Keeping an updated record of income and expenses.
- Providing periodic financial statements with transparency.
Custody and Preservation of Documentation
The administrator must keep all community-related documents organized, such as:
- Deeds and community statutes.
- Minutes from homeowners’ meetings.
- Contracts with suppliers and insurance policies.
- Records of incidents and repairs.
Execution of Homeowners’ Assembly Decisions
They are required to implement the agreements made in homeowners’ meetings, ensuring they are carried out within the established deadlines.
Supervision and Maintenance of Common Areas
The administrator must oversee the building’s maintenance, managing repairs and essential services such as:
- Hiring and supervising cleaning, security, and gardening services.
- Coordinating necessary building repairs.
- Ensuring compliance with safety and accessibility regulations.
Legal Representation of the Community
In certain cases, the administrator may represent the community before public or private entities, always within the limits set by the homeowners’ assembly.
Consequences of Poor Management and Legal Liabilities
A property manager who fails to fulfill their obligations can cause financial, administrative, and legal issues for the homeowners’ association. Poor management not only affects community relations but may also lead to legal sanctions.
Possible Penalties for Negligence
If an administrator engages in malpractice, they may face various consequences, depending on the severity of the misconduct:
- Civil liability: If their actions result in financial losses for the community, they can be sued and required to compensate for damages.
- Criminal liability: In severe cases, such as embezzlement or fraud, they may face criminal penalties, including fines or disqualification.
- Expulsion from the College of Administrators: If they are certified and found guilty of a serious offense, they may face sanctions or even expulsion.
Community Rights in Cases of Poor Management
If homeowners detect irregularities in the administrator’s management, they can take various steps to protect their interests:
- Request explanations and detailed financial documentation.
- Report the administrator to the College of Property Administrators (if certified).
- Call an extraordinary meeting to assess their continuation in the role.
- Take legal action to claim damages if negligence is proven.
How to Ensure the Property Manager Fulfills Their Obligations
To avoid management issues, homeowners should monitor the administrator’s work and ensure they comply with their responsibilities. Recommended actions include:
Regular Review of Financial Reports
Homeowners should request detailed reports from the administrator to verify that financial accounts are transparent and up to date.
Active Participation in Homeowners’ Meetings
Attending meetings allows homeowners to directly oversee the administrator’s management, approve budgets, and address concerns or complaints.
Warning Signs of Poor Management
Some indicators that an administrator may be failing in their duties include:
- Lack of transparency in accounts or delays in financial reports.
- Poor maintenance of common areas.
- Negligence in handling incidents or neighbor disputes.
- Lack of communication or evasive responses to homeowners’ inquiries.
How to Change Your Property Manager
The property manager plays a fundamental role in the smooth operation of a homeowners’ association. Understanding their legal obligations helps owners ensure efficient, transparent, and legally compliant management.
If you believe your community needs a change, check out our complete guide on changing property managers and take control of your building’s management.
