CNMC discredits the intention of monopolizing the profession of Property Administrators by professional associations

https://blog.cnmc.es/2016/04/07/que-decimos-sobre-los-colegios-profesionales-de-administradores-de-fincas/

What do the farm managers?

Property Administrators are configured as a governing body of communities of owners. It is a charge that can be exercised by any owner, as well as by individuals with sufficient professional qualification and legally recognized to exercise those functions. You can also lie with corporations and other legal entities.

Managers are attributed a number of "Minimum" functions: i) ensure the proper management of the house, facilities and services; ii) forecasting and budgeting of expenses submitted to the general assembly; iii) address the conservation of the house, informing the President or owners; iv) execute the resolutions adopted regarding works, make payments and receipts; v) It acts as secretary of the Board of Directors, etc.

The Report of the CNMC has to do with the Draft Royal Decree by which the General Statutes of the Colleges of Property Administrators and the Council be approved. Specifically, This project includes a number of elements that may involve CNMC considers unjustified both to access this profession when exercise restrictions.

To be managing agent ...

  • It is the indirect requirement of compulsory licensing to practice, aspect on which the CNMC recalls that access to a profession and its exercise may be restricted only exceptionally and based on the principles of necessity and proportionality by a regulation having the force of law. This situation does not occur in the case of Property Administrators.

  • There is also the requirement to have a university official degree, in which curriculum knowledge directly related to the inclusion property management, the CNMC considers unjustified. This measure represents an unjustified restriction on its necessity and proportionality means limiting the activity to a small number of operators.

  • Refering to activity expertise, included in the Statutes, CNMC should avoid raising the reserve activity expertise exclusively to collegiate and, on the contrary, they can be included other professionals, competent technicians qualified to do so, since there is no legal protection for it.

  • The CNMC should remember that extreme caution in regulating the generic function of the Professional College when referring to"Adopt measures to prevent professional intrusion and to seek harmony and collaboration among collegiate". Both concepts can not obviously protect susceptible acts of violating the rules of competition.

  • Finally, the recommended CNMC prevent intrusimo concepts and unfair competition serve, incorrectly, to restrict access to the activity of managing agent, a profession unregulated and open access.

The CNMC is the independent regulator of markets and ensuring and promoting effective competition. This report is issued at the request of the Ministry of Public Works, in exercise of the powers of the advisory CNMC, pursuant to Article 5.2 of the law 3/2013, of 4 of June, creating the CNMC.

On professional associations and their need for reform, We have discussed in detail in:

Professional associations and reform, according to the CNCM

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