Community Information: Report on Publication of Community Debtors

Calling to the Meeting

The Horizontal Property Law allows for those owners who are not up to date with their Community payments to be publicized in the calling of the Meeting, with the aim of allowing communities of owners to legitimately charge what is owed by the debtors. This way, regarding the calling of the Meeting, Article 16.2 of the aforementioned law establishes, “The calling will contain a list of those owners who are not up to date with their debts owed to the community and it will warn of the deprivation of their voting rights except as provided for in Article 15.2".

Publicizing debtors on the Community’s notice board

Among the obligations of each owner, Article 9.1 h) of the Horizontal Property Law which is currently in force establishes the following:
“To notify the person acting as Community Secretary, by any means which allows evidence of service, of their domicile in Spain for the purpose of receiving citations and notifications of any sort related to the Community. In the absence of this notification, the flat or premises in the Community shall be considered the domicile for receiving communications from the Community, and delivery to its occupant shall constitute full legal notification.

Should notification to the owner prove impossible at the place indicated in the previous paragraph, it shall be deemed to have taken place if the notice is posted on the notice board of the community, or in a visible place set aside for this purpose, indicating the date and the reasons for which this form of notification has been employed, signed by the person acting as Community Secretary and endorsed by the President. Notice served in this way shall produce full legal effect in three days.”

Consequently, as long as the publication on the notice board is the Calling to the Meeting, wherein the data which Article 16.2 of the Horizontal Property Law refers to, must be reflected, then having not have been able to inform some of the owners according to the procedures described above, the disclosure of data which implies the publication of the Calling on the notice board will be protected by Article 11.2.a) of the Organic Data Protection Law.

Court Proceedings

On the other hand, regarding debtors against whom the community had decided, at a Meeting of Owners, to take legal action, the publication of said debtors on the Community notice board is allowed, so long as notification to the domicile has been unsuccessful.