- Apr 23, 2020
I am president of the community. I have sold my apartment and presented my resignation from the position, warning the community that they should appoint a new one; but they are not responding.
What I can do?
J.de La Rosa
Administrador: Juan López
Good afternoon, first of all we hope that you are keeping well. The Article 13 Law of the Horizontal Property Law is very clear in this regard: the condition of president of the community is indissoluble from the fact of owning a property i that community.
If you have ceased to be an owner, as you indicate, you also cease to be president. And what you have to do is what you have already done, communicate it to the administrator. If there is a Vice President in the Community, he should assume his office until the next general meeting in which a new one is elected. If there is not, the administrator should convene an extraordinary general meeting as soon as possible to elect a new president.
It is evident that in the current situation with the Alarm State and its successive extensions, it is not possible to convene a general meeting at this time, since unfortunately legislative reforms have not yet been enabled to make them possible. Therefor, except to record in a reliable way, that is by burofax, or any other document that proves the reception by the administrator secretary, in which it shows that with that date you stopped owning the home, which is why you has ceased to hold any position in such community
We do not believe that you need to do any other paperwork, such as a notarial or judicial requirement, since the position is lost the moment you cease to be the owner. But we insist to avoid future inconveniences, that you better do it reliably.
Thank you very much and we hope the above is helpful.