Can I be appointed president of the community of owners if I don’t live in Spain?

Buying a property in Spain does not always mean living in it permanently. In many cases, the property is used as a second home, rented out, or simply kept as an investment while the owner resides in another country. This situation raises practical questions about obligations within the community of owners, especially when it is time to take on official roles.

One of the most common questions is whether someone who lives outside Spain can be appointed president of the community of owners and what happens in those cases. At Fotocasa, we explain what the role of community president involves, how the position is chosen, whether it is possible to refuse it, and in which situations we can request an exception.

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What is the president of a community of owners?

The president of the community is the person who holds the legal representation of the community of owners, as established by the Horizontal Property Law (Ley de Propiedad Horizontal – LPH). This role is mandatory and forms part of the basic functioning of any community, regardless of the number of neighbours or the type of building.

This role must always be held by a property owner of a dwelling or commercial unit within the community. It cannot be performed by someone who is not an owner, although the president may rely on a property manager (administrador de fincas) for day-to-day management.

What are the duties of the community president?

Their main duties include representing the community before third parties, calling and chairing the meetings of the owners, signing documents on behalf of the community, and ensuring compliance with the resolutions adopted. Although tasks may be delegated to the administrator, responsibility for the role remains with the president.

How is the community president chosen?

The Horizontal Property Law (Ley de Propiedad Horizontal) establishes that the president must be appointed from among the owners, usually within the framework of a general meeting of owners.

The appointment can be made through:

• Rotational system among property owners.
• Vote at the general meeting.
• Draw, if agreed.

When there is no agreement or no owner is willing to take on the role, the law provides for judicial appointment to prevent the community from becoming blocked.

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Can someone who does not live in Spain be president?

Yes. Residing outside Spain or not living in the property on a permanent basis does not prevent us from being appointed president of the community, provided that we are property owners.

The Horizontal Property Law (Ley de Propiedad Horizontal – LPH) does not require the president to live in the property or in the country. What matters is ownership status, not place of residence. Therefore, a person living abroad may be appointed president if established by the rotation system or by decision of the general meeting.

Can I refuse to be president of the community?

In principle, no, but there are important nuances.

Once the appointment has been made, the role is mandatory. It cannot be automatically or unilaterally rejected. However, the Horizontal Property Law (LPH) allows the appointment to be challenged in court when there are justified grounds.

To do so, two key aspects must be taken into account:

• The owner has a one-month period from the appointment to apply to a judge.
• They must justify the reasons why they believe they are unable to perform the role.

Until there is a judicial decision, the appointment remains valid.

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What alternatives are there before formally refusing?

Before taking legal action, the most common approach is to speak with the other neighbours and try to find a solution within the community itself.

The Horizontal Property Law allows the president to be appointed by agreement at the general meeting, so if the owners agree, another person may be appointed instead of the one who was initially due to assume the role.

In practice, this means that:

• We can present our situation at the general meeting (for example, living abroad or being unable to carry out the duties on a regular basis).
• The community may agree to appoint another owner who is more available.
• That agreement must be recorded in the minutes of the meeting in order to be valid.

This option does not constitute a formal resignation or a breach of the law, but rather an agreement between property owners that allows the community to function more practically.