If the administrator functions are not covered by the President or other appointed owner: yes, the person or company in charge needs to have professional qualification. (Maria said)
Section 13 provides
(5) The functions of secretary and administrator shall be exercised by the president of the commonhold except when the Articles, or the Owners’ Committee by majority vote, provide that such offices be held separately from the president.
(6) The office of secretary and that of administrator may be held by the same person or by persons appointed separately.
The position of administrator and, where applicable, that of secretary administrator may be occupied by any owner, or by individuals with adequate professional qualification and legally licensed to perform such functions. It may also be held by a corporation or other juristic person in the terms set out by law.
As with the office of secretary, the president shall hold the office of administrator, in principle, ‘except when the Articles, or the Owners’ Committee by majority vote, provide that such offices be held separately from the president.’ That means that one individual, owner or not, or a corporate body may hold the office of administrator and secretary simultaneously.
Where the office of administrator is held separately from the president’s office, either an owner or a non-owner may hold the office. If the OC appoints a non owner as administrator either an individual or a corporate may be vested in the office of administrator.
Where the administrator is not an owner, the Act sets out the requirement to have an ‘adequate professional qualification and legally licensed’ it is referring to a special profession known as estate manager regulated in the Decree 693/1968. It is not clear whether administrators have to belong to the official association bar in order to act as estate managers. Two different approaches haven been held; the first one by those courts who don’t consider necessary to be members of the professional association (Colegio) (CA ruling in Cadiz 23-03-2006 CA ruling in Valladolid 06-07-2004 and CA ruling in Barcelona 04- 05-2004,) the second one claim that the Act is clear when it is demanding ‘legally licensed’, therefore administrators are required to be licensed.
This message was last edited by spanishsolicitor on 02/09/2009.
This message was last edited by spanishsolicitor on 02/09/2009.