Vice-President in Neighbourhood Communities: Functions and Limits

Welcome to our blog about community management. In this space, we are dedicated to providing clear and accurate information about the various aspects that affect community life. Today we focus on an often misunderstood figure: the vice-president of the community of neighbours. What are his or her functions? Does he or she have decision-making powers of his or her own? In what situations can he or she act?

What does the law and case law say about the vice-president?

The Article 13.4 of the Horizontal Property Law establishes that the figure of the Vice-Chairman is optional, and his appointment is made in the same way as that of the Chairman. His/her main function is to substitute the Chairman in cases of absence, vacancy or impossibility, as well as to assist him/her in his/her functions as determined by the Owners' Meeting.

However, the purpose of this article of the law is not for the Vice-President to permanently replace the President in his absence, but to assume the role only in specific situations, such as temporary illness or business travel. Only when the President's absence is due to force majeure and a problem arises, Article 13.4 allows the Vice-President to act.

If the President is not prevented from exercising his functions, the actions of the Vice-President may have no legal basis for assuming the office of President. In this case, the Administrator should not take orders from the Vice-President, especially if his actions entail liabilities for the Community.

On the other hand, the Courts of Justice usually recognise the capacity of the Vice-Chairman to act in the justified absence of the Chairman. This is demonstrated by rulings such as that of the Provincial Court of Madrid of 11 February 2010, which states that "... the Vice-President may act in the absence of the President.Validity of the power of attorney granted by the vice-president in the absence of the president to claim from a defaulter as agreed at the general meeting."and that of the Provincial Court of Malaga of 28 December 2011 which states ".Validity of the action of the vice-president who complied with the injunction to denounce the defaulter in the justified absence of the president.".

The Vice-President in the community structure

In the organisational structure of a community of owners, the vice-president occupies a place which, although important, is clearly delimited by the law and the decisions of the Board of Owners.

1. Definition and Legal Basis

The vice-president of a condominium is, above all, a collaborator of the president and a potential substitute in specific circumstances. The Horizontal Property Law does not establish the obligatory nature of this position, but it does recognise its existence and defines its functions implicitly.

2. Appointment and Legal Requirements

• Eligibility: Any owner who meets the legal requirements to be president may be elected vice-president.
• Election process: It is carried out by a simple majority at the General Meeting of Owners.
• Term of office: Generally, it coincides with that of the president, unless the community statutes indicate otherwise.

3. Legal Roles and Responsibilities

It is crucial to understand that the vice-president has no powers of his own and cannot act without authorisation. His or her functions are limited to:

a) Replacement of the chairman:

Only in cases of:

• Actual absence
• Actual vacancy of the post
• Manifest inability of the President to perform his duties

b) Assistance to the Chairman:

Assistance in the exercise of its functions, but always within the terms established by the Board of Owners.

4. Absence of Proper Executive Functions

The vice-president, per se, has no executive functions. He can only exercise such functions when acting in substitution of the president under the circumstances mentioned above. In such cases, he may:

• Representing the community in court and out of court
• Execute the resolutions adopted at the Owners' Meeting.
• Certifying debts owed by the owners to the community

5. Limited Legal Capacity

The Courts of Justice have recognised the legal capacity of the vice-president to act on behalf of the community, but only when he/she replaces the president. This includes:

• Bringing claims on behalf of the community
• Representing the community in legal proceedings

6. Additional Legal Aspects

• Obligation to accept the position: Unless there is just cause
• Right to resign: Must be communicated in writing to the chairman and the board.
• Termination of office: Possible by resolution at an extraordinary meeting

7. The Role of the Vice-President in Relation to Other Bodies

• Coordination with the administrator: Must work in coordination with the administrator.
• Relationship with the Board of Proprietors: He may call and chair the meetings in the cases of substitution determined by law.

8. Practical Considerations

Although the vice-president has no executive powers of his own, his presence can be beneficial to the community:

• Guarantees continuity of management in the absence of the President
• It allows for a distribution of tasks, always under the direction of the chairman.
• Can act as a support in mediating conflicts, but without the authority to resolve them on its own

The real role of the Vice-President in a Neighbourhood Community

It is crucial to understand precisely the scope and limitations of the office of vice-president in a condominium:

1. Collaborator and substitute, not independent implementer: The vice-chairman is essentially a collaborator of the chairman and his potential substitute. However, it is important to underline that he/she has no powers of his/her own and cannot act independently without the explicit authorisation of the chairman or the board of owners. His role is one of support and not of autonomous execution.
2. Specific and limited functions: The functions of the vice-chairman are mainly limited to two scenarios: a) Substitution of the chairman: This occurs only in cases of actual absence (not due to temporary situations such as holidays), effective vacancy of the position, or manifest impossibility of the chairman to exercise his functions. b) Assistance to the chairman: The vice-president may assist the president in the exercise of his functions, but always within the terms established by the Board of Owners.
3. Absence of own executive functions: It is essential to understand that the vice-president, per se, has no executive functions. He or she can only exercise such functions in cases specifically provided for by law, i.e. when acting in substitution of the president under the circumstances mentioned above.

These clarifications are essential to avoid misunderstandings about the scope of the office of vice-president. Although his role is important for the continuity and smooth running of the community, his capacities to act are clearly delimited by law and by the decisions of the Owners' Meeting.

The figure of the vice-president, therefore, should be understood as a support to the presidency and the community, but always within a well-defined and limited framework of action. Their presence in the organisational structure of the community can be valuable, as long as these limitations are respected and their role as collaborator and potential substitute, but not as independent executor, is properly understood.

Southern Commitment to transparency and legality

We hope this article has clarified your doubts about the role of the vice-president in a community of neighbours. At Meridional, we are committed to providing accurate information and expert advice on all aspects of community management.

Do you have more questions about the office of vice-president or any other legal issue related to your community? Don't hesitate to contact us at.

Our specialised legal team is ready to help you with any query, no matter how complex. Whether you need to clarify a specific point of law, resolve a conflict in your community or simply seek professional advice, at Meridional we are here for you.

Call us at today and see how we can help you manage your community efficiently and in accordance with the law. Your peace of mind is our priority!