Although the law states that all owners can be appointed president, there are situations in which it is possible to avoid office. In fact, the courts usually rule in favor of the owner when there are sufficient reasons not to assume the presidency.
The Horizontal Property Law (LPH) does not include a list of causes for resigning, but judicial practice has been consolidating which can be considered valid defenses for not being president of the community.
When the owner is very old and his capacities may be limited, judges usually consider the exemption reasonable.
It is one of the strongest reasons for rejecting the charge. If there is an illness, temporary or permanent disability, or any health condition that hinders community management, it is possible to submit a medical report to request exemption. Courts usually accept this case as long as it is well documented.
Living outside the community of owners – especially in another city or country – makes it difficult to fulfill day-to-day responsibilities, such as attending meetings, supervising construction or resolving conflicts. For this reason, habitual residence outside the community is another reason that is frequently accepted to avoid being president.
Professions with constant travel, long shifts, long shifts or total availability (such as doctors, transporters or managers) may be incompatible with the obligations of the position. If this incompatibility is proven, the courts usually accept it as an exemption from exercising the presidency.
Although it does not always exempt, there may be a conflict of interest if the owner has outstanding debts with the community. In some cases, it is considered that it is not appropriate for a defaulter to manage the accounts, which can serve as a reason to request the exoneration.
The statutes of some communities may establish certain causes that exempt the owners from the position, for example, age, debts, previous legislatures, etc.
The article 13 of the Horizontal Property Law (LPH) establishes that "the president shall be appointed from among the owners, by election or, subsidiarily, by rotating shift or lottery". That is: sooner or later all the neighbors may be forced to assume the position.
In some buildings, an owner can volunteer to be president permanently if the community accepts it, which frees up the rest of the neighbors. However, it is not usual.
If you have been president and you do not want the position, you can take the issue to the meeting for a vote. If the result of the meeting does not exempt you from the position, you can go to court to request that you be dismissed for any of the reasons described in this article.
Find your perfect Property