The Law that
regulates the regime of the owners´ communities (Horizontal Property Law,
hereafter LPH) refers in its article 13 to the community governing bodies,
indicating as such the owner´s general assembly, the president and, where
applicable, to a vice-president, a secretary and an administrator.
About the
president, who "shall be appointed from among the owners", so he must
be an owner (not the husband, the wife or the son of an owner), establishes
Article 13.3 LPH that "shall legally represent the community both in and
out of court, in all matters related to the community", also hold
functions such as defending the community´s interest, requiring owners to cease
prohibited activities, give approval to certificates, subpoenas and
notifications issued by the secretary, convene and preside owners’ assembly, sign
the minutes of the meetings, receive communications for the execution of works,
etc.
On the other hand,
there is no doubt that it corresponds exclusively to the owners´ general
assembly, appoint and dismiss the governing bodies of the community, approve
the plan of income and expenses, approve the budgets and execution of works in
the community (without prejudice of the urgent measures that must be adopted),
approve or reform the community statutes or the internal rules, approve modifications
of the community constitutive deed or the exercise of judicial actions against
the owners who have infringed it, etc.
