Community president: duties and documentation you should know

What a community president does and what their legal role is

The president of a homeowners’ association is not just a “formal” representative figure. The Horizontal Property Act gives them a central role in the community’s day-to-day life: **they legally represent the community, in court and out of court, in all matters affecting it**. That is expressly set out in article 13 of the LPH. In addition, the preamble to the Act itself explains that the office of president “implicitly entails the representation of all owners in court and out of court”, precisely to resolve issues of standing and collective functioning.

In practice, this means that, when acting within their powers, the president may sign, issue demands, communicate and represent the community before third parties and also before the owners themselves. However, this representation should not be confused with absolute freedom to decide on their own: the community is organised through the Owners’ Meeting, and there are matters that require prior agreement.

How the president is appointed and which exceptions should be known

The LPH establishes that the president shall be appointed **from among the owners**, by election or, failing that, by rotating turn or drawing lots. Appointment is **mandatory**. However, the rule provides an important exception: the owner appointed may ask the court to be relieved of the post within the month following taking up office, citing the reasons that justify it. The court may also be approached where, for any reason, it is impossible for the Owners’ Meeting to appoint a president.

Practical steps to understand this process:

1. **Check the system provided for in the bylaws or in previous resolutions**.

2. **Verify whether the appointment has been made from among the owners**.

3. **Check whether there is provision for a vice-president to act as substitute** in the event of the president’s absence, vacancy or incapacity.

4. **Consult the Owners’ Meeting minutes** where the appointment is recorded.

5. **Bear in mind the exceptional court route** if the appointed owner cannot take on the role or if the community is unable to appoint one.

It is important here to distinguish between general guidance and a specific case: the fact that appointment is mandatory does not remove the possibility of judicial relief or the need to review exactly how the appointment has been made in each community.

Documentation the president should know and keep

The question is not only “what do they do”, but also **which documents they need in order to do it properly**. The LPH and community practice mean that the president must handle certain basic documents in order to act with sound judgement.

Among the most important documents are:

- **The deed of incorporation and, where applicable, the bylaws**. Article 5 of the LPH states that the deed may contain rules on use, purpose, administration, governance, insurance, maintenance and repairs, and that these rules do not prejudice third parties if they are not registered.

- **The internal rules**, which under article 6 serve to regulate details of coexistence and the use of common items.

- **The minutes books and Owners’ Meeting minutes**. Article 19 provides that resolutions are recorded in a duly authorised minutes book and that the minutes must contain, at least, the date, place, notice, attendees, agenda and resolutions adopted.

- **Debt documentation and certificates**. Article 9 requires a certificate on the state of debts, countersigned by the president, when a dwelling or commercial unit is transferred, and article 21 also requires a certificate of the debt settlement resolution for summary proceedings.

- **Notices and communications**. Article 19.4 requires notices, communications, powers of attorney and other relevant meeting documents to be kept for five years.

Accordingly, the president should know how to locate and review, at a minimum, the minutes, bylaws, deed of incorporation and any documentation proving resolutions or debts. Without those documents, it is easy to make mistakes about what can be demanded, what was approved and how it should be notified.

Specific functions that should be clear

Although the law divides functions between president, secretary and administrator, there are several situations in which the president intervenes directly:

- **Representation of the community** in all matters affecting it.

- **Demanding cessation** where prohibited, annoying, unhealthy, harmful, dangerous or unlawful activities are being carried out. Article 7.2 provides that the president, on their own initiative or at the request of any owner or occupier, shall demand immediate cessation.

- **Countersigning certificates** issued by the secretary regarding the state of debts.

- **Convening meetings**: article 16 states that the meeting shall be convened by the president and must specify the matters to be discussed, place, date and time.

- **Signing the minutes together with the secretary** and checking that the content correctly reflects the resolutions.

Article 20 assigns the administrator responsibility for ensuring the proper running of the building, preparing the expenditure plan and dealing with urgent repairs, but the president must receive immediate information about relevant incidents and coordinate with them. The law also clarifies that, unless the bylaws or a resolution state otherwise, the functions of secretary and administrator may be carried out by the president.

Common mistakes to avoid

1. **Confusing representation with unilateral decision-making**. The president represents the community, but cannot on their own replace the resolutions that the law reserves to the Owners’ Meeting.

2. **Acting without checking the minutes or bylaws**. A previous resolution may have established a specific rule that changes day-to-day management.

3. **Not properly documenting demands or communications**. The practical validity of many actions depends on being able to prove what was requested and when it was done.

4. **Thinking the administrator does everything**. The LPH divides functions; the president remains a key figure.

5. **Forgetting to keep documents**. Article 19.4 requires relevant meeting documents to be kept for five years.

What an owner should check if they are going to take on the presidency

Before accepting or starting the term, it is advisable to check:

1. What the **deed of incorporation** and **bylaws** say about governance and administration.

2. Whether there are **Owners’ Meeting resolutions** assigning specific functions or dividing tasks between president, secretary and administrator.

3. Where the **previous minutes** are kept and whether they have been properly closed and signed.

4. How **notices, notifications and certificates** are filed.

5. Whether there are any ongoing claim, cessation or challenge proceedings requiring documentary continuity.

If you would like to review the documentary position of your property or prepare a transfer with confidence, you can request an initial consultation at contact or ask for an online indicative valuation, which includes a price range and PDF report and can be completed with an optional visit.

A useful reference for interpreting the LPH

The legal basis for this guide is the Horizontal Property Act, especially articles 13, 16, 19 and 20, as well as the provisions relating to debts and certificates in article 9 and the cessation action in article 7. The consolidated wording published by the BOE expressly states that **“the president shall legally represent the community, in court and out of court, in all matters affecting it”** and that **“the president shall be appointed, from among the owners, by election or, failing that, by rotating turn or drawing lots”**. You can verify that framework in Law 49/1960 on horizontal property.

In short, a community president needs to know three essential things: **how they are appointed, what documentation supports their actions and how far their representation extends**. With that basis, they can act with greater confidence, organise information better and avoid management mistakes that later lead to internal disputes.