The position of president of the community of property owners is usually assigned to neighbors by rotation or lottery, as established by the Spanish Horizontal Property Law. However, many people wonder whether they can refuse to take on this responsibility. In this article, we explain when it is possible to refuse to be president of the community, what reasons are valid, how to formally resign, and what happens if no one accepts the role.
Is it mandatory to be the president of the community?
Yes, in principle, the position is mandatory. Article 13 of the Horizontal Property Law states that the president must be appointed from among the owners through election, rotation, or lottery. Once appointed, acceptance is mandatory unless there are justified reasons.
However, the law allows the designated owner to submit a judicial request for exemption within one month of the appointment. The judge will decide whether the reasons provided justify the resignation.
What reasons are acceptable to refuse the position?
The law does not provide a closed list of reasons, but courts usually accept the following:
- Advanced age: If the owner is elderly and unable to perform the duties.
- Illness or disability: With medical documentation proving inability to fulfill the role.
- Residence outside the building: Especially if living in another city or country.
- Incompatible workload: Jobs that require long absences or full-time availability.
- Outstanding debts with the community: Although not always a valid exemption, it may present a conflict of interest.
Some community bylaws also include exemptions based on age, disability, or other factors, which may allow resignation without going to court.
How to resign from the position of president?
If you’ve been appointed president and cannot take on the role, follow these steps:
- Request that the appointment is recorded in the meeting minutes.
- Prepare a formal resignation letter addressed to the community, explaining your reasons.
- If the community does not accept it, file a court petition within one month of the appointment, including supporting documentation.
The judge will decide through an equity proceeding within 20 days. If the resignation is accepted, another person will be appointed. If rejected, you must serve until the end of the term.
Sample resignation letter
Here is a template you can adapt:
[Name of the owner] [Address] [Date] To the attention of the Board of Property Owners of [Community Name]: I hereby submit my decision to resign from the position of president of the community, to which I was appointed at the meeting held on [meeting date]. My resignation is based on [state the justified reason: illness, residence in another city, age, etc.], as evidenced by the attached documents. I request that another owner be appointed in accordance with the community bylaws or the Horizontal Property Law. Sincerely, [Signature]
What happens if no one wants to be president?
In some communities, all owners try to avoid the position. In such cases, several options exist:
- Rotating system: Establish a rotating system among owners.
- Voluntary president: A co-owner may volunteer in exchange for not having to serve again in the future.
- Judicial appointment: If no one accepts, the community can go to court to have a judge appoint a president by equity.
- Hiring a property manager: While this does not replace the president, a manager can handle daily operations and support the legal representative.
Practical example
Imagine you own an apartment in a residential complex in Sabinillas but live in Seville for work. At the last meeting, you were appointed community president. Since you live more than 200 km away and cannot regularly manage building matters, you can submit a letter to the community and, if your resignation is not accepted, initiate legal proceedings by providing proof such as your Seville residency certificate, work contract, or lack of availability to travel.
The judge will assess whether your situation justifies the exemption. If so, a provisional president may be appointed until a new one is elected at the next meeting.
Conclusion
Refusing to be the president of the community is possible, but you must provide valid reasons and, if necessary, go through the legal process. Merely claiming lack of time or interest is not sufficient. Knowing your rights and how to act can help you avoid conflicts and contribute to the proper functioning of the community.
If you want to learn more about the role of the president in a community of neighbors or how to change property management companies, check out our practical guides.
Frequently Asked Questions about refusing to be president
What if I don’t attend the meeting and get appointed?
The appointment is still valid. You have one month to contest it in court.
Can I delegate the role to someone else?
Only if the person is a co-owner of the same property. It cannot be delegated to a tenant.
How much does it cost to file a court petition?
Costs typically range from €300 to €800, depending on the lawyer and whether a court representative is required.
What if I have outstanding debts with the community?
It does not prevent you from being president, but it may be grounds for contestation or rejection by other neighbors.
Can I avoid the position if I’m over 70 years old?
The law does not specifically mention this, but many communities accept it as a valid exemption if stated in the bylaws.
