Asunto del Sol Winter 22-23

THE PROPERTY
ADMINISTRATOR
IN HOMEOWNERS'
ASSOCIATIONS
by Eloy Sánchez Urbano
Community life is regulated in Spain through the
Horizontal Property Law, which takes into
account all aspects of life in communities of
owners. This law establishes how the communities of
owners are constituted, which are their governing
bodies, their functions, how and when the meetings of
neighbours have to be held. It also determines the
obligations and rights of the neighbours, the functions
of a property administrator and the type of agreements
that can be adopted at a meeting of owners.
The tasks to be carried out by a property administrator
are regulated in article 20 of the Horizontal Property
Law, among them and by way of summary are the task
of looking after the properties, their installations and
services; preparing the owners' meetings as well as
preparing an annual budget in advance to meet the
expenses of the community. They take care of the
upkeep and maintenance of the properties as well as
executing the decisions taken by the neighbours at the
Owners' Meetings. They are in charge of making the
payments to the different suppliers of the community
as well as collecting the different fees from the
neighbours.
The Horizontal Property Law requires property
administrators to have "sufficient and legally recognised
professional qualifications to carry out these functions",
but nothing says that they have to be members of the
Association of Property Administrators. Since 2009, with
the passing of the Omnibus Law, free access to service
provision activities was established, among which is the
provision of property management services.
A very important function of the property administrators
is the control of delinquent neighbour debts, referring, if
necessary, and once the debts have been settled and
approved in the General Meeting, to a lawyer so that a
claim for the said amount can be made through the
courts if necessary. According to the Horizontal Property
Law, any new owner will be responsible for the debts of
the property in question with the community for the
current year and the three previous years.
Another function of great importance is to conserve and
repair the properties, if these repairs or conservation
tasks are not of an urgent nature they will be planned
with the President or the Board of Government to carry
them out, but in the case that these repairs are urgent
they could be carried out directly by the property
administrator, informing the President or the
neighbours afterwards.
The work carried out by a property administrator can be
carried out by any resident of the community, but it is
advisable that this is not the case. It is a good idea to
have a property administrator from outside the
community who is responsible for the community and
who mediates or directs it, as it is possible that sooner
or later inevitable differences may arise between the
neighbours and these will be dealt with by a person
from outside the community who will act impartially
and fairly.
Do not hesitate to contact us if you need to set up your
community from the beginning or if it already exists, we
are experts and we have extensive experience in the
management of communities of owners with a
personalised attention to each of its members.
Eloy Sánchez Urbano
Abogado & Economista
Avd. Ricardo Soriano Nº12 5ºA, 29600 Marbella
(+34) 639 426 261
esu@sltmarbella.es
www.sltmarbella.es