DO YOU WANT TO CHANGE ADMINISTRATOR?
Steps to change Property Administrator
We help you
Often, when a community of owners changes its Administrator, it does not know where to start. At TCO Fincas we help you and offer you several models of notice and minutes completely free of charge.
Would you like us to explain the steps and enjoy the benefits of working with us?
Step 1: Proposal and convening of the meeting
The change of Property Manager can be proposed by any owner of the Community. And in order to present the proposal, a General Meeting must be called.
The meeting to change the administrator is usually called by the president of the community, as he/she has the power to call the meeting without the need for a minimum number of participants. But it can also be called by 25% of the neighbours. If the meeting is called without the assistance of the president or the administrator, it must be taken into account that all the owners must be properly notified. Furthermore, it is not necessary for the outgoing administrator to be present.
The change can take place at an extraordinary meeting, called exclusively for this purpose, or at an ordinary meeting as an additional agenda.
TCO Fincas accompanies you throughout the entire process of the call for tenders and change of administration.
Step 2: Meeting and vote
A simple majority is required both in terms of number of owners (half plus one of the owners) as a percentage of shareholding (more than 50% of ownership of the property represented) so that the change is approved of administration.
With a view to the AGM, it is advisable to have alternative management proposals so that a management vacuum is not created and a new AGM has to be convened. Do not forget to include on the agenda the presentation of these proposals subject to the approval of the change of administration.
Once the decision to change has been taken, the outgoing director must be notified in writing. He/she will have up to 30 days to deliver the essential documentation and to carry out the change of administrator.
Step 3: Reasons for termination
You must adequately justify the reasons for the termination of the current administration.This is called "just cause", which does not include, for example, the fact of having a more advantageous economic offer, not convening meetings (this can always be done by the president), or demanding the collection from defaulters.
The loss of confidence can be considered a just cause. The justify it with the commitments made by the administrator at the beginning of his or her term of office is appropriate. A useful document is the code of ethics for property administrators of the Consejo General de Colegios de Administradores de Fincas de España, which sets out the obligations, good practices and relations with owners that are to be expected in the exercise of the profession.
Just cause is, for example, the loss of trust resulting from a financial loss caused to the community, or failure to submit annual accounts in due time and form.
No forget to set a deadline for the transfer of the community's documentationThe "outgoing" administrator must provide the closing of the accounts up to the date of the changeover and the "incoming" administrator must review them.
In the event that the outgoing trustee claims compensation and the just cause could not be proven, you can try to negotiate with your trustee for such compensation.
What happens after changing Property Administrator?
Documentation and Replacement
At TCO Fincas, as the incoming administrator, we will request all the documentation relating to the Community from the Administrator who has been removed and review it, confirming that everything is in order.
What documentation must the incoming administrator hand over?
The outgoing trustee must submit the following documentation within 10 to 15 days:
- List of owners, coefficients, contact details and method of payment of the different community fees.
- Last ordinary receipts issued and outstanding contributions (if any).
- If there are any employees in the community, their pay slips and social security payments must be provided.
- The tax identification card of the property, which is necessary for the payment of taxes.
- Community current account contract and signatures authorised or required to operate with the entity.
- Contact of suppliers of past works and ongoing maintenance.
- Community insurance contract and contact in case of incidents.
- The minutes book of the community, including the latest minutes.
- The Statutes
- The deed of new construction and horizontal division.
In addition, within a recommended 30 days, the outgoing manager must also provide the following information: maintenance contracts, supply contracts, and rental contracts.
We include the documentation necessary for the operation of the installations with their corresponding revisions; the activity and operation licences of the installations, with indication of the installation and date; for lifts, the control body and inspection dates; employment contracts and Social Security (TC1 and TC2); material relating to occupational risk prevention; income tax and VAT settlements; legal proceedings, in force or completed; correspondence; and the accounts for the last 5 years.
In the event that the outgoing trustee fails or expressly refuses to hand over all requested documentation, this conduct is punishable.
TCO Farms makes the process easier for you
The change of administrator of a community of owners is a simpler process than it may seem. And if you are not satisfied with the service you are currently receiving, at TCO Fincas we propose a change, and we will accompany you throughout the process..
- According to the specific needs of your community
- We offer you our web app with which you will be able to make the change easily and quickly
- We carried out the process of change of administration free of charge.
Interested?
You can request a free and instant price for the administration of your Community. 
The peace of mind of working with a registered property manager
Chartered Administrator
TCO Administración de Fincas is a member of the Colegio de Administración de Fincas (Association of Property Administrators)
Why work with a registered administrator?
Chartered administrators are highly qualified professionals who take great care in the level of service they provide to their clients. They comply at all times with all matters relating to:
- Legality
- Transparency
- Quality of service
- Continuous training
How to change the administrator in a community of owners
There comes a time in many communities when the relationship with the property manager wears thin: late management, lack of transparency, inattention to incidents or simply a loss of trust. When this happens, it is not necessary to resign oneself. The Horizontal Property Law contemplates the change of administrator as a legitimate decision of the owners, as long as the formal channels are followed. In Alicante, where estates can have complex characteristics, getting it right from the start is key to avoid later conflicts.
The process, though simple in its legal structure, requires order and consensus. It is not enough to express discontent: it must be channelled correctly, viable alternatives must be proposed and the legality of the changeover must be guaranteed. Only in this way will the change be effective, without fissures that could invalidate it.
When should I change administrator?
There are clear signs: lack of communication, repeated accounting errors, lack of involvement in urgent problems, unjustified increase in expenses or no presence on the property. It is also common for communities to look for a closer, more transparent manager or simply a different working philosophy.
It is not a matter of personalising the conflict, but of objectively assessing whether the professional is fulfilling his or her obligations. If the answer is no, the time has come to act. And the sooner this is done, the lesser the deterioration in the coexistence or in the community accounts.
Steps to change the property manager
The first step is to raise the matter formally at the owners' meeting. Any resident can request that the proposed removal of the current administrator and the appointment of a new one be included on the agenda. This request must be submitted in writing to the president, who is obliged to include it in the next meeting.
Once the meeting has been convened, it will be necessary to vote on the change. For the decision to be valid, it must be approved by a simple majority of the total number of owners present or represented. The agreement will be recorded in the minutes and must be formally communicated to the outgoing administrator.
Phases of the process
- Formal applicationto include the item of the change on the agenda of the meeting.
- Voting at the meetingapproval by simple majority.
- Drafting of the minutesThe agreement and appointment of the new trustee.
- NotificationThe outgoing trustee and the new company or professional chosen.
What to consider when choosing a new administrator?
The replacement should be an opportunity to improve. For this reason, it is advisable to compare several options, demand detailed budgets, verify that the professional is a registered professional and confirm his or her experience in similar properties. It is also advisable to have a prior meeting with him or her, to assess his or her level of involvement, availability and working style.
In Alicante, where the peculiarities of the communities - swimming pools, lifts, garages, tourist rentals - require specific knowledge, it is advisable to opt for an administrator with a local presence and proven solvency. The change should not be impulsive, but strategic.
Can the outgoing administrator refuse to hand over the documentation?
No. Once he has been legally dismissed, he is obliged to hand over all the community documents to the new administrator or the president. If he refuses, the community can formally require him to do so and even initiate legal action to recover the documents. His refusal does not invalidate the cessation or prevent the appointment of a replacement.
It is therefore advisable that the agreement at the meeting also includes a specific deadline for the handover of keys, contracts, minute books, balance sheets and any other relevant documentation. Everything must be in writing to avoid ambiguous interpretations.
Tips for conflict-free change
A smooth transition depends, in large part, on good communication. Informing neighbours in advance, justifying the reasons for the change and acting respectfully towards the outgoing manager helps to keep the neighbourhood climate calm. This is not a traumatic break, but a collective decision aimed at improving management.
Finally, it is advisable for the new administrator to thoroughly review the financial and contractual status of the community upon taking office. This will help to detect possible irregularities, resolve outstanding issues and start off on a solid footing.