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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 1068. My debts on the board? Is it legal?
Tuesday, November 19, 2013 @ 4:08 PM

Well, it depends...

JUST IF/ As an extraordinary mean under certain requisites

We explain

Provision 16 of the Horizontal Property Act provides that the agenda for the General Meeting must contain: 

 " a list of owners who are not updated in  payment of community fees".

The Spanish Agency for Data Protection considers " a good practice any single call notification either by mail, by  box mailing , by intranet with username and password , and all those which avoids access of third parties" 

Both the call to the meeting  as the list of debtors neighbors , can get in the physical ' message board ' of the community as long as no one out side the community have access to it.

Nevertheless, there is one exception, which is established in Provision 9 of the Horizontal Property Act :" If the attempted notification or cal

(1)l were impossible to practice at the place prevented in the preceding paragraph, it will be made by placing the corresponding communication on the bulletin board of the community, or in a visible place commonly used for such purpose ,

(2)diligently explaining the date and reasons for which we proceed to this form of notice ,

(3)signed by the person acting as secretary of the community, with the approval of the President . ( ... ) "

So, in few words, if access of third parties is possible, Community Board cannot be used as a general rule. Just if any other mean of communication has failed, a very precise and respectful use of this mean is considered legal by the Horizontal Property Act.

 Date presented must be truthful , it should be remembered that the ' right to honor ' is a so-called ' fundamental rights ' recognized by the Spanish Constitution in provision 18.

Legal advice

Grazalema, Cadiz, South of Spain, at facebook.com



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