seppe
12-08-2012, 13:12
What means "Represent the community"?
The Horzontal Property Act, Art. 13.3 reads:
The president shall legally represent the community both in and out of court in all matters related thereto.
What is the meaning of "Represent the community" in this article of the law?
Svensson says:
The Law on Horizontal Property gives the president of the Community a very important role to play,
with special rights and special obligations.
To me it is clear that the president is a signatory for commitments to third parties (Payments, contracts, legal matters, ...). When it comes to other rights and obligations, i can only find the following articles in the Law:
- Art.16 prepare, summon, preside the general meeting and (19.3) sign the minutes.
- Art. 21.1 ... seek judicial redress through monition proceedings
- Art. 7.2 ... admonition of court action
Svensson also says:
A president, by law, has wide powers and discretion.
This does not mean that he can elevate himself to a dictator,
taking important steps without consulting the members in General Meetings,
or go contrary to decisions taken by members in a General Meeting.
But ...
In an internet document from "Eye on Spain" i read: Someone has to do the day to day stuff.
The President is in charge of the community and has total authority as your representative.
It is the President who makes the decisions.
But ...
Art. 20 of the Law clearly puts the management of the day to day stuff in the hands of the administrator.
Only urgent measures must be reported to the President.
My main question:
What authority has the President over de day to day management, if any?
I would appreciate confirmation from an expert in legal matters on the following interpretation of the law:
All owners have equal rights, but only the President has the right and duty to commit the community to thirth parties, as legally agreed by the members in a general meeting.
Directory Board members have no additional rights, but they have assigned duties:
The adminstrator is responsible for the management of the upkeep and maintenance, make and receive payments, the budget, and the custody of documents.
The President legally represents and defends the community both in and out of court, prepares and summons the general meeting, signs the minutes, admonitions offenders, and undertakes judicial steps as previously assigned by the community members in a meeting.
No other specific rights nor duties.
The community belongs to the community. No captain, no leader, no boss.
The law is the law, even if you dont like it or find it not realistic.
Please back up your comment with references to more or less legal information.
This topic is not ridiculous when things go wrong.
Seppe
The Horzontal Property Act, Art. 13.3 reads:
The president shall legally represent the community both in and out of court in all matters related thereto.
What is the meaning of "Represent the community" in this article of the law?
Svensson says:
The Law on Horizontal Property gives the president of the Community a very important role to play,
with special rights and special obligations.
To me it is clear that the president is a signatory for commitments to third parties (Payments, contracts, legal matters, ...). When it comes to other rights and obligations, i can only find the following articles in the Law:
- Art.16 prepare, summon, preside the general meeting and (19.3) sign the minutes.
- Art. 21.1 ... seek judicial redress through monition proceedings
- Art. 7.2 ... admonition of court action
Svensson also says:
A president, by law, has wide powers and discretion.
This does not mean that he can elevate himself to a dictator,
taking important steps without consulting the members in General Meetings,
or go contrary to decisions taken by members in a General Meeting.
But ...
In an internet document from "Eye on Spain" i read: Someone has to do the day to day stuff.
The President is in charge of the community and has total authority as your representative.
It is the President who makes the decisions.
But ...
Art. 20 of the Law clearly puts the management of the day to day stuff in the hands of the administrator.
Only urgent measures must be reported to the President.
My main question:
What authority has the President over de day to day management, if any?
I would appreciate confirmation from an expert in legal matters on the following interpretation of the law:
All owners have equal rights, but only the President has the right and duty to commit the community to thirth parties, as legally agreed by the members in a general meeting.
Directory Board members have no additional rights, but they have assigned duties:
The adminstrator is responsible for the management of the upkeep and maintenance, make and receive payments, the budget, and the custody of documents.
The President legally represents and defends the community both in and out of court, prepares and summons the general meeting, signs the minutes, admonitions offenders, and undertakes judicial steps as previously assigned by the community members in a meeting.
No other specific rights nor duties.
The community belongs to the community. No captain, no leader, no boss.
The law is the law, even if you dont like it or find it not realistic.
Please back up your comment with references to more or less legal information.
This topic is not ridiculous when things go wrong.
Seppe