The obligation of the CAE in homeowners' associations

The obligation of the CAE in homeowners' associations

The CAE in homeowners' associations is a basic factor if there is any contracting process, which is very common.

Carlos AznarCarlos Aznar

The CAE in homeowners' associations is a basic factor if there is any contracting process, which is very common if we think about the case of having a doorman, maintenance and cleaning services. CAE management can be complex in any area and process of contracting and outsourcing. That's why at Dokify we offer you comprehensive advice and complete CAE management. 

Is CAE mandatory in a homeowners' association? Legal Compliance

In Spain, the hiring of a Community of Administrators of Fincas (CAE) is mandatory for a community of owners when it hires workers. This is because the labor management and legal responsibilities associated with employment require professional management. 

The figure of the property administrator ensures that all legal and tax obligations related to hiring, such as employment contracts, payroll, social security and occupational risk prevention are met. Therefore, the hiring of personnel activates the obligation to have a registered property administrator.

With respect to the current legal framework, Law 31/1995, of November 8, 1995, on the Prevention of Occupational Risks, is the law in force. This law establishes the legal framework to ensure the health and safety of workers in the workplace. It obliges employers (including communities) to ensure safe working conditions by assessing risks and adopting appropriate preventive measures. Therefore, any community of owners that contracts services from different companies, such as maintenance, cleaning or gardening, is obliged to have the CAE contracted.

Safety and occupational risk management to avoid penalties

The CAE represents an initiative aimed at preventing workplace accidents and ensuring the safety and well-being of workers operating in the neighborhood community. By managing activities effectively, risks are reduced and potential incidents that could impact both workers and residents are prevented.

The contracting of services implies responsibilities in the management of occupational risks, especially when a community of owners employs workers. It is essential to ensure a safe environment, complying with occupational risk prevention legislation. This includes assessing risks, implementing preventive measures, providing health and safety training to employees, and maintaining the necessary documentation. A professional property manager can manage these obligations, ensuring legal compliance and the protection of all workers.

Failure to comply with the obligation to contract the Coordination of Business Activities may result in administrative sanctions and legal liabilities for the community of neighbors. It is essential to be aware of this obligation and take the appropriate measures to ensure compliance.

Management through a Business Activity Coordination platform.

The use of a CAE platform facilitates the management of occupational health and safety between companies. These tools focus on providing a secure and efficient space where communities can share and manage the documentation required to comply with occupational health and safety legislation.

Through these platforms, communities can upload, verify and update the necessary documents, such as risk assessments, safety training accreditations and medical certificates, ensuring that all workers comply with current regulations before accessing the facilities or starting their tasks.

In addition, Dokify offers advisory and support services to facilitate the correct implementation of risk prevention policies. Our digital tool allows smooth and transparent communication between all parties, ensuring that information is always up-to-date and available for audits, inspections and day-to-day management.

At Dokify, we are committed to workplace safety and operational efficiency, helping neighborhood communities meet their legal obligations and foster a safe working environment for all.

Benefits of having a Business Activity Coordination Platform

External and internal communication

The Coordination of Business Activities promotes a more fluid and effective communication between the different companies and workers, facilitating a harmonious collaboration in daily tasks. This dynamic reduces conflicts and misunderstandings, thus improving coexistence in the community of neighbors.

Control and Follow-up

By means of a CAE platform, it is possible to carry out an exhaustive control and follow-up of the activities carried out by each company and worker. This makes it possible to identify opportunities for improvement and optimize processes, increasing efficiency in the execution of tasks.

Security

The implementation of the CAE promotes a safer work environment by ensuring compliance with occupational risk prevention measures and the adoption of the necessary precautions. This protects the physical integrity of workers and reduces the risk of accidents.

Compliance with the Law

Having the CAE contracted guarantees compliance with current occupational health and safety regulations. This is essential to avoid sanctions and for the community of neighbors to operate in a legal and responsible manner.

What happens if a community of neighbors does not have the CAE contracted?

If a community of neighbors in Spain has not contracted the Coordination of Business Activities (CAE) and employs workers, it could face several consequences. First, it would be in breach of the regulations on occupational risk prevention, which could lead to significant financial penalties from the labor authority. These fines vary depending on the seriousness of the non-compliance.

In addition, in the event of an accident or work-related incident occurring within the community of neighbors, the lack of proper management of the CAE could result in additional legal liabilities for the community, including compensation or legal proceedings for damages.

The absence of a CAE not only exposes the community to legal and financial risks, but also compromises the safety and well-being of workers and neighbors by failing to ensure a safe and legally compliant work environment.

CAE document management for a condominium community with Dokify

CAE document management for a community of neighbors with Dokify includes the possibility of working with an intuitive and secure platform, which facilitates coordination and compliance with health and safety regulations in the workplace. 

Through Dokify, the community can upload, store and manage all necessary documentation, such as employment contracts, risk prevention plans, and employee training certifications. The platform ensures that all documents are up-to-date and accessible, simplifying all legal processes derived from the CAE. 

In addition, Dokify provides assistance and notifications to keep the community informed of any legislative requirements or updates.