A community president in Spain self-assigns himself an €86,700 wage!

Raymundo Larraín Nesbitt, February, 19. 2024

Marbella-based Larraín Nesbitt Lawyers has over 21 years' taxation & conveyancing experience at your service. We offer a wide range of over 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain. You can review here our client’s testimonials.

Copyrighted © 2024. Plagiarism will be criminally prosecuted.

21st of February 2024

 

In a remarkable turn of events, we learnt this week that a British community president (Mr. S.H.) of Torrre Bemerjo, Estepona, self-assigned himself an annual wage of almost €87k. On top of this, he is also waived from paying the community fees (a further €8,000). So defacto, he's earning 95,000 a year, this is more than what Spain’s president earns a year! Apparently, he's been doing this for years until an owner instigated a legal procedure against him at Estepona's law courts.

After having being appointed multiple times as president of my community, I can personally attest to how ungrateful and time-consuming this task is (at least 1 to 2 hours every day). If it were up to me, hands down I believe a community president should be compensated financially for his time and effort (whether as a testimonial wage or excluding him/her wholly or partially from paying the community fees).

When Spain’s Horizontal Property Act, that rules all community of owners in Spain, came into force in 1960, still under General Franco’s dictatorship, there were no garden communities as we know them now. If you read the law, it is apparent it was drafted by lawmakers with the idea in mind of concrete buildings in large cities. Not the kind of huge sprawling developments we have today with multiple pools, large mature gardens, water features, golf courses, lakes, etc.      

This pre-constitutional law expressly bans community presidents from earning any money in their role. Personally, I find this totally unfair (understatement). However, that’s the law we have, and we need to follow it until a new one is enacted.

What this community president has done is unlawful, and he will be taken to court and lose. It seems he had a large number of proxy votes assigned by fellow owners which gave him the majority vote as they did not attend the general assemblies, so he voted on their behalf to assign himself a huge wage at the expense of the whole community of owners.

I’ve visited this community at Torre Bermejo several times, because it has a lovely restaurant next to the beach. The gardens and community in general are all very well kept. By experience, I can tell you a lot of work has been put into the community to make it look so good.

I hope one day this law is amended so that the role of community presidents in Spain is duly acknowledged by way of a financial compensation of sorts for all their hard work.

Legal services Larraín Nesbitt Abogados can offer you

 

Community related articles

 

At Larrain Nesbitt Abogados (LNA) we have over 21 years’ experience assisting clients buying, selling, or renting properties. We can also offer you a competitively priced accounting service to file your landlord taxes every tax quarter nationwide. We are also specialized in immigration & residency visas. You can contact us by e-mail at info@larrainnesbitt.com, by telephone on our UK line (+44) 07543 838 218, Spanish line (+34) 952 19 22 88, or by completing our contact form to book an appointment.

Larraín Nesbitt Abogados, small on fees, BIG on service.
2024 © Raymundo Larraín Nesbitt. All Rights Reserved.