Can I deny outright to rule an owners' community?

Presiding an owners' community , attend the call to be part of a popular jury, or sitting at a polling station are civic duties.  So, why does presiding over a Community of Property Owners have a bad reputation? We know that is a not paid charge, we fear to see owners' disputes, it is uncomfortable that presiding owners'  steals our free time and, we feel that it is not easy to leave the position. 

 In the headline we have used the legal term 'reject outright' which implies the possibility of 'challenging' a decision for being considered null. In this case, the answer is clear: 'you cannot refuse to preside over the community of owners where you live'.

On the contrary the Horizontal Property Law in its article 13.2 imposes on natural and legal persons that if they are elected by their community they must be president at least one year. It should be pointed out that firms will exercise the presidency by means of a representative with powers (owner, attorney in fact etc.) in the company that owns the property. Another aspect that should not go unnoticed is that, just as nobody can refuse a priori to be the president, neither can the community, as a legal entity explicitly abstain from appointing a president. 

Having clarified the previous point, we list the three ways to be appointed president: 1. By election, you must obtain a simple majority of the votes counted at the Meeting, 2. by Draw or 3. for turns.

What reasons can you not give to be exempted from chairing the owners' community?  That you don't want to assume the presidency, the fact of repeating in the charge, not having time for it, to have debts, being owner of a flat or local in the community but without residing in it , neither except previous agreement of the owners, being retired.

On the contrary, there are objective causes that you can claim for not being president such as: being seriously ill or being very old person. However, the Horizontal Property Law does not provide for an exemptions list from being President. The possible allegations will be presented by the person elected at the time of his or her appointment. The person must be heard and his/her reasons evaluated with equanimity. It should be noted, however, that when the cause given is not linked to an objective (or medically verifiable) cause, the request for not be the future president is usually rejected.

The next question is: Does this 'right to be heard'  what the law provides for in order to preserve your rights? No, during the month following the appointment, the person concerned can go to a fair trial, and in about twenty days the judge must rule on the validity of the reasons given by the person chosen. In any case, as long as justice is not pronounced, you are the president.

We confess that this article has been conceived from the point of view of many owners who do not wish to be President. However, Sepin points out that there are those who, on the contrary, want to repeat in the Presidency: doing so is totally legal. Moreover, this profile of people is the one who usually watch over the community interests'  with loyalty. In short, the willingness to exercise an difficult charge is appreciated. 

Explaining key elements for your daily life justify this blog.      

 
    .