JUser: :_load: Unable to load user with ID: 9047

Can community presidents receive remuneration?

By Thursday, 16 April 2015 15:33 0
Can community presidents receive remuneration? shutterstock.com

Antonio Flores

THE Horizontal Property Act remains silent on this point as it neither endorses nor bans it.

Case law, on the contrary, is more specific, giving the following clues:

The Appeal Courts of Malaga, the Balearics and Tenerife have declared that presidents cannot have a fixed remuneration although […] they may be compensated for the costs and trouble inherent to carrying out the job of president.

The Appeal Court in Las Palmas deals with a case where although statutes specifically state that the president of a specific community will not generate remuneration […] this prohibition is not incompatible with covering representation expenses, more or less modest, against submission of receipts or invoices for the most relevant expenses.

The Appeal Court in Granada is more restrictive and states that […] whilst prima facie the job of president is pro bono, such mandate is not incompatible with receiving, exceptionally, consideration by the community.

In this case, an AGM resolution where the president was exonerated of paying his monthly fee was deemed void because […] one thing is to be reimbursed in expenses and a different one is to exonerate the president from paying… concluding that the resolution […] altered the coefficients of ownership within the community of owners… and a professionally remunerated administrator can do this job.

With regards to the required quorum in an AGM (Annual General Meeting) or EGM (Extraordinary General Meeting) - as the case may be - most courts consider that a resolution to grant a regular remuneration requires unanimous consent, if it goes against the Statutes or Articles (because they stipulate that it is an unpaid job), whereas a resolution to simply cover representation expenses can be decided by a majority of votes, irrespective of what the Statutes or Articles state.

Comments (0)

There are no comments posted here yet

Leave your comments

Posting comment as a guest. Sign up or login to your account.
0 Characters
Attachments (0 / 3)
Share Your Location

Poll of the Week

Given the short notice that many passengers received over flight cancellations, do you think Ryanair handled the situation professionally?

Latest Tweets

Have you been harassed by the silent menace? #Tigermosquito #Spain https://t.co/eKmnjPRKkw
#Hailstorm over the weekend left four with #hypothermia https://t.co/LgdwkF0QYh
Look at the size of it! #Barcelona #turtle #beach #Calella https://t.co/KmE4olfOsG
Follow Euro Weekly News on Twitter

Post Gallery

First two days of strike action suspended at Spain’s airports to allow 'space' for talks

Police hold Saudi royals at gunpoint in Marbella

Airport strikes in Spain loom as last-ditch talks scheduled

Juana Rivas faces prison despite handing sons over to father

WATCH: Chris Froome increases La Vuelta a España cycle race lead

EasyJet hoping new hand luggage in the hold option takes off on its flights

Airport strikes in Spain suspended as talks continue

One dead in Malaga road  tunnel car crash

Costa Blanca lashed by summer storms – and you can blame Dana

© 2017 EWN Media Group, Avenida Ramon y Cajal 54, Edificio River Playa, Local 2, 29640 Fuengirola, Malaga, Spain. Telephone: +34 951 38 61 61. No part of this website may be reproduced without written permission from the publishers. All rights reserved. Todos los derechos reservados. 
Privacy Policy - Legal Notice