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Professional Advice

Ask the Administrator: Can a person who is not the owner of the building but only the usufruct be appointed President?

Good morning. In the last Board of the community in which I live it was appointed as the new President to the husband of one owner who died recently and on which this man has the usufruct of the property.  But can a person who is not the owner of the building but only the usufruct be appointed President?

Mario J.

Administrator:  Juan López

Good morning. If this person has the usufruct of the property, it lacks the essential element for the appointment which is the position of owner as established in article 13.2 of the LPH. Therefore, that person could not be named as such, because the functions of the usufructuary  are not the same than owner´s rights.

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