A very common idea is doing the rounds in the Spanish press: once you turn 70, you are free from being the president of your homeowners’ community. It sounds good, but it is not accurate. The real question, whether there is an age limit to be community president, has a clear answer in the Horizontal Property Law, and it is not the one many headlines suggest. The law sets no maximum age, although it does offer a way to ask for release from the role. Let us separate the myth from what the rule actually says.
What the Horizontal Property Law says about the president
Article 13 of Spain’s Horizontal Property Law sets out the governing bodies of any community: the owners’ meeting, the president (with vice-presidents, if any), the secretary and the manager. The president legally represents the community, which is why the role carries real responsibilities, from calling meetings to signing contracts or handling the building’s incidents.
The key point is in article 13.2. It states that the appointment is compulsory, though the designated owner may ask a judge to be released within the month following their access to the role, invoking the reasons that apply to them. In other words, the role is accepted on a compulsory basis in principle. Simply saying «I don’t want it» at the meeting is not enough to be free of it: there is a specific procedure to be excused.
Is there an age limit to be president? No, and here is the nuance
This is the mistake many news stories repeat. The Horizontal Property Law sets no maximum age to be community president. Not 70, not 80, not any other. Article 13 never mentions age as an automatic ground for exemption.
So where does the figure of 70 come from? From a different article and for a different reason. Article 10.1.b of the law does expressly mention people «over seventy years of age», but for accessibility works. That provision requires the community to carry out the necessary universal accessibility works, such as ramps or lifts, when requested by owners in whose home there live, work or volunteer people with a disability or over 70. Nothing to do with the presidency. The confusion comes from mixing the two articles.
How to be excused from the presidency: judicial release
If the role is compulsory and age does not exempt you automatically, how does an owner who genuinely cannot take it on get released? Through the mechanism set out in article 13.2 itself: asking the judge for release.
The designated owner has one month from taking office to file that request, invoking the reasons that apply to them. The judge rules on the matter straight away and, if the release is accepted, appoints in the same decision whoever must stand in until the next designation. The law also allows going to the judge when, for any reason, it is impossible for the meeting to appoint a president. It pays to act fast, because the one-month window is short.
Is advanced age enough to be released?
This is where the popular idea has a grain of truth. Although the law sets no age, courts have been accepting advanced age as one of those «reasons that apply» to the owner, especially when it comes with health problems or reduced mobility. It is not an automatic right but a case-by-case assessment: an 85-year-old owner with difficulty getting around is far more likely to be released than a 65-year-old with no limitation at all.
Age is not the only ground that tends to succeed. In court practice, other justified causes are also accepted when properly evidenced:
- Serious or chronic illness backed by a medical report.
- Mobility problems that make it hard to attend to the building’s needs.
- Not living regularly in the property.
- Family duties, such as caring for dependent relatives.
- A work schedule clearly incompatible with the role’s duties.
The key is always the same: proving a real impossibility or an extreme difficulty in performing the role with the diligence it requires. The better the cause is evidenced, the more likely it is to succeed.
Before going to court, settle it at the meeting
Going to a judge is the last option, not the first. In most communities the matter is settled at the owners’ meeting itself. If the neighbour explains that their age or health prevents them from taking on the presidency, the community usually accepts it and appoints the next owner in the rota. That agreement must be recorded in the minutes so the exemption is officially documented.
Many communities go a step further and include an age exemption in their bylaws, so older owners are left out of the rotating rota without having to debate it every year. It is a simple way to avoid tension and court proceedings. If you want to understand how the whole community mechanism works, this guide on the Horizontal Property Law explained will help.
Rotas, minutes and handovers, hassle-free, with FixrOS
Much of this conflict comes from disorder: no one remembers whose turn it is, a neighbour’s exemption was never put in writing, or the minutes do not properly reflect the agreement. FixrOS has Spain’s Horizontal Property Law built into its core: the presidency rota, the notices with their legal deadlines and the minutes are handled in an orderly way and stay on record. When the community appoints or replaces a president, the decision is documented and signed, ready for the minute book, without relying on anyone’s memory.
On top of that, the app for residents lets any owner, whatever their age, follow the community’s life from their phone, with clear alerts and direct communication. If you want to see it in your community, you can book a free demo and check how rotas and meetings are handled without paper.
Frequently asked questions
Is someone over 70 obliged to be community president?
In principle yes, because the law sets no maximum age and the role is compulsory. However, they can ask the judge for release within one month, and advanced age, especially combined with health problems, is usually accepted as a justified cause.
Can I refuse the presidency without going to court?
You can raise it first at the meeting. If the community accepts your cause and appoints another owner, recording it in the minutes is enough. Only if the community refuses will you need to go to the judge within the month following your appointment.
What evidence do I need to ask for release?
It helps to provide the minutes of your appointment and the documents that prove the cause you allege, for example a medical report if you invoke health reasons, or a certificate showing you do not regularly live in the building.
Can bylaws exclude older owners from the presidency rota?
Yes. Many communities include an age exemption in their bylaws to keep older owners out of the rotating rota. It is legal and saves having the same debate every year.