What are the functions of the property administrator?

Welcome to this new blog post. On many occasions, owners are not aware of some of the functions performed by a property manager. The basic functions are set out in the Horizontal Property Law and can also be extended if required. agreed with the community of owners.

But if we stick to the Article 20 of the Horizontal Property LawThe Administrador de Fincas has the following functions:

• To be attentive to the maintenance and upkeep of the buildings, which also enables it to propose priority repairs.
• To monitor the proper functioning of the facilities and services and of the community.
• To act as secretary of the Board and keep the documents of the community.
• To carry out the agreements made in the field of works as well as the necessary payments and collections.
• Designing and proposing the planned expenditure plan to the Board, offering various ways of dealing with it.
• Other functions attributed to it by the Board.

When the administration of a community is more complex than usual, it is a good recommendation that it is carried out by a sufficiently qualified professional with recognised legal capacity to perform these functions. The aim is to enable an efficient and professional management of the community in accordance at all times with the Board of Owners.

In the case of small Communities of Owners, the administration can be carried out by any member of the community with a little time. On the other hand, in the case of large communities, mancomunidades or urban complexes, it will be the administrator who will carry out the more complicated tasks and will give the president and the Board of Owners the necessary guidance at the times when they need it, greatly facilitating the work of the president or the board. 

The point is that there are often doubts about the functions of the property manager, which can lead to misunderstandings or the assumption of responsibilities that do not correspond to the property manager. 

We cannot ignore the law, even if we don't like it.

For his own responsibility and to protect the community, the administrator is obliged to always act within the limits determined by law. That is why in Meridional we are aware that sometimes these laws are difficult to understand, because they can slow down many necessary and urgent agreements or actions in the communities. 

These situations are sometimes frustrating for Meridional as well, but it is our legal and moral obligation to abide by them, but this does not prevent us from always trying to find ways to do what is best for the community by looking for legal ways out where sometimes it seems there are none. 

It is quite possible that sometimes other people will whisper in your ear that certain laws can be broken without consequences, which is totally untrue; they are just telling you what you want to hear, because ultimately they will not be held responsible for anything and it will not harm them criminally or financially.

What are the functions of the administrator as secretary?

In addition to the office of Administrator, the Secretary shall perform the following duties:

• Signing the minutes of the Meetings
• Custodian of the Board's minute books 
• Issue certifications of the state of debts owed to the Community and of the resolutions of the Meetings.

Further functions

In addition to the functions required by the Horizontal Property Law, other functions can also be carried out:

- Adviser and Adviser to the Community on real estate and legal matters:

• Constitution and validity of resolutions of the Board 
• Statutes and Internal Regulations 
• Debt recovery procedures 
• Labour law, personal data protection, taxation, labour law, employment law and contracts 
• Technical advice on those architectural and infrastructural aspects that affect the proper functioning of the services and maintenance of the community.
• Informing and processing applications for aid or subsidies to which the community may be entitled.

- Personnel control: 

• We deal with labour relations with employees in the community.
• We seek the most favourable contracts for the community but within the law. 
• We take care of Social Security and Inland Revenue settlements.

- Accounting: Keeping proper accounts, warning about late payments, etc.

Relations between chairman and trustee 

The administrator must always collaborate with the president, but it must be clear that the administrator is not at the service of the president, nor must he carry out his instructions in a way that is contrary to what is established by the owners' meeting, what is established by the Horizontal Property Law, the community statutes or the rest of the legal system. 

The administrator should be a tandem with the president, but there should be no hierarchical relationship between the two but rather absolute collaboration for the benefit of the community.