The ownership of the different floors or premises of a building or the parts of them susceptible of independent use, carries an inherent right of co-ownership over the other elements of the building necessary for its proper use or enjoyment: the ground, flight, foundations, structural elements, stairs, gates, elevators, common services or facilities, etc. This right of co-ownership is called horizontal property, and it is regulated by Law.
Each owner can freely dispose of this right, without being able to separate the elements that comprise it and without the transmission of enjoyment affecting the obligations derived from this property regime. The law attributes a participation fee in relation to the total value of the property, which is used to determine the participation in the charges and benefits by reason of the community.
Bodies of the community of owners
The Horizontal Property Law establishes which are these governing bodies of the Community:
1.- The board of owners:
It is the supreme body of the community, of which all the owners of private elements of the building are members. Decisions regarding matters that affect the community must be expressed through the resolutions adopted at the Board of Owners (ordinary or extraordinary), indicating, if this is relevant to the validity of the agreement, of the names of the owners who have voted for and against them, as well as the participation fees that they respectively represent.
In order to avoid the consummation of illegal agreements, Any co-owner can challenge the Act or any agreement through the courts. If you had not been present at the Meeting, despite having been adequately summoned, you have a period of 30 calendar days to challenge the agreement, as soon as you are notified. Otherwise, it is understood as a favorable vote.
And it is that the agreements of the Board of owners can be approved unanimously when all the co-owners present agree with it, or by majority, in which case there will be owners who vote against or abstain. When agreements cannot be reached by these procedures, the Judge will decide in equity at the request of any owner, within a period of one month from the second call, within a period of 20 days.
2.- The president
The President exercises the legal representation of the Community, both in court and outside of it. In addition, it has other functions of organization of the Community, such as convening and presiding over the Boards, defending the interests of the Community in all areas, taking legal actions approved by the Board, It can also act as Secretary and / or Administrator.
Only the owner of a flat or premises can be president, its acceptance being mandatory, Except that he requests his release by judicial means in the month following the appointment (alleging some just cause). The election will be held by majority agreement and he will hold the position for one year, unless the Statutes establish another term, but appointment by rotating shift or by lottery is also valid. If no owner wants to accept the position, the judge will appoint it with a mandatory character, after listening to the interested parties. The President may be removed by majority agreement of the Board, convened in extraordinary session, in which a new President must also be elected.
3.- The vice president:
According to the Law, a vice president may be appointed whose functions are specified in replacing the President in case of absence, vacancy or impossibility, and assist him in the exercise of his functions.
4.- The secretary:
The main functions of the secretary are to make the summons for the Meetings, ensure that the legal requirements are met, draw up the minutes of the meetings of the Board and reflect them in the Minutes Book, make notifications and issue certifications of the agreements of the Meeting , and guard the documentation of the Community, especially the Book of Minutes. Can be secretary any co-owner or a person outside the Community.
5.- The administrator:
The administrator is elected by a majority of the Board, and Any co-owner can perform the function or a collegiate Property Administrator may be appointed. In any case, your tasks consist of:
- To ensure the good regime of the house, its facilities and services, and to make the appropriate warnings and warnings to the owners for this purpose.
- Prepare in due time and submit to the Board the plan of foreseeable expenses, proposing the necessary means to face them.
- Attend to the conservation and entertainment of the house, arranging for urgent repairs and measures, immediately reporting them to the president or, if applicable, to the owners.
- Execute the agreements adopted in the matter of works and make the payments and make the appropriate collections.
- Act, where appropriate, as secretary of the Board and guard the documentation of the community at the disposal of the owners.