If you got here searching for how to remove a property manager, the first thing you should know is that the law is on your side: a community of owners in Spain can dismiss its property manager at any time, without waiting for the year to end and without having to give a specific reason. That is what the Horizontal Property Law says, and the procedure is simpler than it looks when it is done in an orderly way.
In this guide we walk you through the five steps to remove or change your community’s property manager without surprises: what to check in the contract, how to call the meeting, what majority is needed, how to put everything in writing and what documentation you need to recover. And at the end, the three paths available after the dismissal, including self-managing your community with a platform designed so the neighbours themselves can run the building without chaos.
When can a property manager be removed?
Article 13.7 of the Horizontal Property Law establishes that, unless the community’s bylaws state otherwise, the governing offices, president, secretary and administrator, are appointed for a term of one year. But that same article adds something important: appointees can be removed from office before the end of their term by resolution of the owners’ meeting, convened in extraordinary session.
In addition, article 14.a gives the meeting the power to appoint and remove the people holding those offices, and to resolve the complaints owners raise against their performance. In short: the meeting is always who appoints and removes the manager, and the LPH does not require the dismissal to be justified. The service contract you signed with the firm is a different matter, it may have its own terms, which is what the first step is about.
Let’s be clear about one thing: changing managers does not always mean doing away with the role. There are excellent firms, and there are communities where a chartered professional is the best option. But if yours does not respond, does not report, or the community simply wants to try another model, the legal path is the same. If you are still wondering whether you need one at all, here we explain whether a property manager is required by law (spoiler: it is not).
Step 1: review the contract with the firm
Before making a move, find the service contract signed with the manager. The LPH regulates the removal from office, but the financial terms of the relationship with the firm, agreed duration, notice period, how pending services are billed, are a matter of contract, not of the law.
- Duration and renewal: check whether the contract renews automatically and on what dates.
- Notice period: if the contract sets a notice period, respect it to avoid disputes later.
- Work in progress: note which matters are half-done (claims, works, debt collection) so they can be agreed in the handover.
Step 2: call the meeting to vote on changing the manager
The dismissal is decided at a meeting, normally an extraordinary one. Calling it falls to the president (article 16.2), but if the president refuses, article 16.1 allows the meeting to be requested by one quarter of the owners, or a number of them representing at least 25% of the participation quotas. In other words: in a community of twenty neighbours, five signatures are enough to force the meeting.
The notice must state the matters to be discussed, the place, the day and the time, on first or second call. Put two separate, clear items on the agenda: the dismissal of the current manager and the appointment of whoever will take over their duties. For the annual ordinary meeting the notice must go out at least six days in advance; for extraordinary ones, with as much notice as possible so it reaches everyone (article 16.3). If some neighbours cannot attend in person, you also have the option of an online owners’ meeting, which is increasingly common.
Step 3: vote the dismissal with the article 17.7 majority
Dismissing and replacing the manager is an ordinary resolution. Under article 17.7 of the LPH, it takes the vote of the majority of all owners who, in turn, represent the majority of the participation quotas. And on second call it is even more attainable: resolutions passed by the majority of those attending are valid, as long as that majority represents more than half the value of the quotas of those present.
A detail that is often forgotten: owners who, at the start of the meeting, are not up to date with their debts to the community, and have not challenged them in court or deposited the amount judicially or notarially, may take part in the discussion, but have no right to vote (article 15.2). The minutes must record who was deprived of the vote, and their quotas do not count towards the majorities.
Step 4: record it in the minutes and give notice
The resolution must be recorded in the minutes with everything article 19.2 requires: date and place, who called the meeting, whether it was ordinary or extraordinary, the list of attendees with their offices and quotas, the agenda and the resolutions passed with the result of each vote. The minutes are closed with the signatures of the president and the secretary at the end of the meeting or within the following ten calendar days, and from their closing the resolutions are enforceable (article 19.3).
With the minutes closed, notify the manager of the dismissal by a means that leaves a record, registered mail is the usual choice, attaching the resolution. If you need a well-structured template, see our guide to legally valid minutes for the owners’ meeting.
Step 5: recover all the community’s documentation
This is where most communities stumble. The community’s documentation belongs to the community, not to the firm. Bear in mind that the law entrusts the custody of the minute books to the secretary, who must also keep the notices, communications, proxies and other relevant meeting documents for five years (article 19.4). In the handover, ask for at least:
- The minute book and the minutes from recent years.
- The accounts: balances, bank statements, the current budget and pending settlements.
- The list of owners with their participation quotas and the detail of unpaid fees.
- Contracts in force: maintenance, lift, cleaning, insurance, utilities.
- The building’s technical documentation and open files (claims, works, collections).
- Keys and access: online banking, meters, community platforms.
And after the dismissal? The three paths
1. Hire another traditional firm. If the community values having a chartered professional accountable for the management, changing manager, not model, is a perfectly reasonable way out. Ask for references and compare what each proposal includes.
2. An online property manager. Some firms operate remotely with leaner fees. It can suit simple communities that want to keep delegating while spending less.
3. Self-management. The LPH allows it: if no manager is appointed, their duties are taken on by the president (article 13.5). It is the natural model for small communities, and today it is far more manageable than a few years ago: a platform like FixrOS automates the receipts, the notices, the minutes and incident tracking, and flags legal duties before the deadline passes. Whoever presides decides; the heavy lifting is done by the system. And if the president ends up at the helm, they will find this guide on the president in a community without a manager useful.
Mistakes that cost dearly when changing manager
- Dismissing verbally. Without a meeting resolution recorded in signed minutes, the dismissal is poorly documented and any later dispute gets complicated.
- Not making an inventory of the documentation on receipt. Draw up a list signed by both parties of what is handed over and what is pending.
- Leaving fee collection in no man’s land. Agree from what date the new person manages the receipts so no month goes unbilled.
- Forgetting the bank and the contractors. Change the authorised signatories on the account and notify the change to contracts in force.
- Being left without a secretary. Someone must keep the minute book and the documentation from day one; decide it at the same meeting.
You can read the full, up-to-date text of the Horizontal Property Law in the BOE (in Spanish).
Is your community ready to run itself? See how FixrOS for self-managed communities works and book a free demo: we will show you the platform with a community like yours, no strings attached.
