Community
Law Corner:
Article 21
Just who can be an Administrator ?
by José Luis Navarro www.intercala.com
The Solicitor and Property Administrator for Intercala Administration
and
Pete Woodall (Woody's Los Boliches)
This article first appeared in the Euro Weekly News, Costa del Sol Edition February 2013
Just who can be an Administrator ?
There are cases where communities are run by administrators who are not strictly entitled to hold that position.
The Law of Horizontal Properties article 13: 6 The Secretary and Administrator can be one and the same person
or can be appointed separately. The Administrator position or that of a Secretary-Administrator may be held by the following; one of the owners, any person with sufficient professional qualifications or who is legally recognised to carry out those functions. The position may also be held by a company or corporation as per the terms established under the legal system.
This means that just not anybody can become a community administrator, they must either
be one of the owners, registered with the Association College of Licensed Property Administrators
or hold the necessary qualifications. The application of recent European Union regulations by the Spanish government
tends to play down the need for people working in professional capacity to register themselves with such colleges
yet to do so is the easiest way for any administrator to prove they are qualified for the job.
However many communities, especially where there is a large percentage of foreign owners
remain unaware of theses requirements and allow unqualified administrators to take on the position. They are equally unaware of the potential unpleasant consequences of employing a non-registered administrator
and the advantages of an official one.
Registered administrators are controlled by the College of Licensed Property Administrators of Communities, they carry
an official insurance policy to cover possible damage to the community and for the loss of money, they have passed exams to prove they know the law and know how to deal with community problems. Furthermore they have the support of their official college in case of legal issues.
Likewise any community run by a registered administrator also enjoys the full support of the official college which in Málaga consists of more than one thousand administrators. In addition the community will benefit from the many agreements the College of Licensed Property Administrators has negotiated with public service companies for water and electricity etc, with private companies like banks and other service providers, as well as the Town Halls, the Social Security, the Tax offices and so on. All hard won agreements that an individual would find difficult to achieve. For instance agreements with banks not to charge for community bank accounts when run by official administrators.
Possibly the best advantage of having a registered administrator is that they come under the control
of their Association College so if a community is not happy with their administrator they can turn to the college for help
and in a very short period of time an errant administrator may be subjected to disciplinary measures
and even fines so most administrators will act according to law if they want to keep their college license.
The appointment of an administrator that is neither an owner, nor a registered and licensed administrator,
or someone with the official qualifications to run communities could be declared void in court. In addition
if a community is in dispute with their unofficial administrator, say they want to replace that administrator but the administrator refuses to hand over the records, then there will be no association college to turn to
and the community must rely on the courts for a ruling. Taking into consideration the almost total collapse of the overburdened legal system this unnecessary procedure and the costs involved can add up to a disastrous outcome that could have been avoided.
To check that you are in safe hands call the College of Licensed Property Administrators on 952 302 221 and see if the person who is running your community has the license or the legal qualifications , the insurance and the rest of the numerous advantages of a registered administrator. Ask yourself this, would you trust someone who is not an official architect to make the plans for your house, then why would you trust in someone who is not an official administrator to look after this house? Think about it many advantages or unpleasant surprises could depend on this decision.
As always we the lawyers for Intercala Community Administration strongly recommend you seek out competent legal advice in all matters regarding the law in Spain.
Just who can be an Administrator ?
by José Luis Navarro www.intercala.com
The Solicitor and Property Administrator for Intercala Administration
and
Pete Woodall (Woody's Los Boliches)
This article first appeared in the Euro Weekly News, Costa del Sol Edition February 2013
Just who can be an Administrator ?
There are cases where communities are run by administrators who are not strictly entitled to hold that position.
The Law of Horizontal Properties article 13: 6 The Secretary and Administrator can be one and the same person
or can be appointed separately. The Administrator position or that of a Secretary-Administrator may be held by the following; one of the owners, any person with sufficient professional qualifications or who is legally recognised to carry out those functions. The position may also be held by a company or corporation as per the terms established under the legal system.
This means that just not anybody can become a community administrator, they must either
be one of the owners, registered with the Association College of Licensed Property Administrators
or hold the necessary qualifications. The application of recent European Union regulations by the Spanish government
tends to play down the need for people working in professional capacity to register themselves with such colleges
yet to do so is the easiest way for any administrator to prove they are qualified for the job.
However many communities, especially where there is a large percentage of foreign owners
remain unaware of theses requirements and allow unqualified administrators to take on the position. They are equally unaware of the potential unpleasant consequences of employing a non-registered administrator
and the advantages of an official one.
Registered administrators are controlled by the College of Licensed Property Administrators of Communities, they carry
an official insurance policy to cover possible damage to the community and for the loss of money, they have passed exams to prove they know the law and know how to deal with community problems. Furthermore they have the support of their official college in case of legal issues.
Likewise any community run by a registered administrator also enjoys the full support of the official college which in Málaga consists of more than one thousand administrators. In addition the community will benefit from the many agreements the College of Licensed Property Administrators has negotiated with public service companies for water and electricity etc, with private companies like banks and other service providers, as well as the Town Halls, the Social Security, the Tax offices and so on. All hard won agreements that an individual would find difficult to achieve. For instance agreements with banks not to charge for community bank accounts when run by official administrators.
Possibly the best advantage of having a registered administrator is that they come under the control
of their Association College so if a community is not happy with their administrator they can turn to the college for help
and in a very short period of time an errant administrator may be subjected to disciplinary measures
and even fines so most administrators will act according to law if they want to keep their college license.
The appointment of an administrator that is neither an owner, nor a registered and licensed administrator,
or someone with the official qualifications to run communities could be declared void in court. In addition
if a community is in dispute with their unofficial administrator, say they want to replace that administrator but the administrator refuses to hand over the records, then there will be no association college to turn to
and the community must rely on the courts for a ruling. Taking into consideration the almost total collapse of the overburdened legal system this unnecessary procedure and the costs involved can add up to a disastrous outcome that could have been avoided.
To check that you are in safe hands call the College of Licensed Property Administrators on 952 302 221 and see if the person who is running your community has the license or the legal qualifications , the insurance and the rest of the numerous advantages of a registered administrator. Ask yourself this, would you trust someone who is not an official architect to make the plans for your house, then why would you trust in someone who is not an official administrator to look after this house? Think about it many advantages or unpleasant surprises could depend on this decision.
As always we the lawyers for Intercala Community Administration strongly recommend you seek out competent legal advice in all matters regarding the law in Spain.