Obligations and rights of the president of a homeowners' association

The president of a homeowners' association, almost always elected by lot or in turn, assumes a responsibility that, in many cases, far exceeds what he or she imagined when accepting the position. It is not a decorative or symbolic role: it is the figure legally recognised as the representative of the community, with the capacity to act on its behalf and ensure its smooth running. In villas such as those in Alicante, where coexistence between neighbours with very different profiles requires tact, diligence and firmness, the president is often the point of balance.

The Horizontal Property Law clearly establishes your functions and powers, but it also grants you certain rights that allow you to carry out your duties effectively. Knowing both aspects is vital to avoid misunderstandings, confrontations or decisions that may be challenged for lack of legal basis.

What are the functions of the president of a community?

The president acts as the legal representative of the community vis-à-vis third parties, be they public authorities, suppliers or owners. He/she signs contracts, responds to legal requirements, files complaints on behalf of the community and convenes the owners' meetings. In addition, in the absence of an administrator, he/she can directly assume the economic and technical management of the property.

His role also involves overseeing compliance with the resolutions adopted by the board and ensuring that the bylaws and internal rules are respected. Although he may delegate certain functions, the ultimate responsibility rests with him, which makes his role key to the stability of the building.

Main duties of the chairman

• Convening and chairing meetingsThe Committee of the Regions is responsible for both ordinary and extraordinary meetings, ensuring that they are conducted in accordance with the law.
• Executing agreementsThe following are some of the most important decisions taken by the community, from building works to economic decisions.
• Legal representationbefore courts, administrations and private entities on behalf of the community.
• Supervise the administratorif it exists, to ensure the fulfilment of its functions.
• Ensuring coexistenceensuring that neighbours respect community rules.

What rights does the president have?

In addition to his duties, the president has legal tools that enable him to exercise authority. He has the right to consult the community's books and documents, to have legal assistance if the situation requires it, and to delegate functions if the workload overwhelms him. In addition, he/she can call meetings whenever he/she deems necessary, without waiting for the annual meeting.

In emergency situations, it can take immediate decisions - such as calling a technician in the event of a serious breakdown - and then inform the owners. However, these decisions must be reasonable, proportional and always aimed at protecting the common interest.

Can the president refuse to take office?

The law does not provide for automatic rejection. Once elected, the owner must take office, although he or she can apply to a judge to be relieved if there are good reasons. This procedure, however, is neither immediate nor always favourable. For this reason, many accept the position on a provisional basis until a replacement is found at the next meeting.

In communities such as those in Alicante, where rotation in the presidency is common, it is advisable to establish an equitable system of shifts and to accompany the president with the support of a professional administrator to facilitate his or her performance.

How long does the president serve?

Unless the statutes provide otherwise, the term of office is one year, renewable by agreement of the meeting. It may also be terminated earlier if so decided by the community at an extraordinary meeting. In any case, while he is in office, his responsibility is full and he must act diligently.

At the end of the mandate, it must hand over all documentation and hand over to the new president. This orderly handover is essential to avoid gaps in management and to ensure administrative continuity.

Tips for effective chairmanship

The president is not alone. Having the support of a collegiate administrator, maintaining fluid communication with the neighbours and always acting with transparency are key to avoiding conflicts and resolving those that arise. Listening, documenting and deciding with judgement are virtues that make the difference between a problematic presidency and exemplary management.

A good presidency is not measured by the absence of problems, but by the ability to manage them firmly and fairly. In short, whoever takes office not only represents their neighbours: they lead, defend and organise them. With successes, mistakes and the certainty that their work is more necessary than many believe.