Community
Law Corner:
Article
5
Official Notifications from your Community
José Luis Navarro www.intercala.com
The Solicitor and Property Administrator for Intercala Administration
and
Pete Woodall (Woody's Los Boliches)
This article first appeared in the Euro Weekly News, Costa del Sol Edition in October 2011
Many absentee owners regularly remain in touch with their community administrators
and are consequently aware of what is going on in their own community,
but what about the other way around, when the community needs to get in touch with an owner?
Under the obligations of owners according to the Law of Horizontal Property – Article 9 h
states owners must supply the community secretary or administrator with a valid address here in Spain
where community notifications and citations may be deemed to have been received properly by the occupant. Failure to provide such an address means that community notifications, of any sort, will be sent to the occupants of an actual property within the community.
If there is no one there to receive these notifications at either address and if a communication is considered not to have been delivered properly - then it will be considered sufficient to display the communication on the community notice board or in a similar place within the community that is, easily visible and specifically used for that purpose.
The displayed notification must carry an explanation as to why the communication has been made in this way that is dated and signed by the community secretary and the president. After three days, the notification will be considered to have been legally made and the owner officially notified, regardless of whether the owner is aware of it or not.
The date, of this now official notification, is relevant, especially if an owner wishes to take legal action against the notification, for example, challenge an agreement made at a community meeting that will alter something within the community. After the passing of a certain period of time it may no longer be legally possible to make that challenge.
In short it is your responsibility and in your interest to make yourself available to your administration either directly or indirectly. Should your community decide on something you disagree with that you later want to have stopped or changed, then missed and expired important communications now sun bleached and flapping in the wind will not be much of an excuse, especially in a court of law, neither will claiming you were not properly informed.
So if you wish to avoid unpleasant surprises make sure you provide your community with a good contact address that is here in Spain where community correspondence will be received properly, this is especially important if you are often away, a holiday owner or rent your property out.
As usual,
We at Intercala Administration strongly suggest you always seek proper and competent advice in all matters regarding the law.
Official Notifications from your Community
José Luis Navarro www.intercala.com
The Solicitor and Property Administrator for Intercala Administration
and
Pete Woodall (Woody's Los Boliches)
This article first appeared in the Euro Weekly News, Costa del Sol Edition in October 2011
Many absentee owners regularly remain in touch with their community administrators
and are consequently aware of what is going on in their own community,
but what about the other way around, when the community needs to get in touch with an owner?
Under the obligations of owners according to the Law of Horizontal Property – Article 9 h
states owners must supply the community secretary or administrator with a valid address here in Spain
where community notifications and citations may be deemed to have been received properly by the occupant. Failure to provide such an address means that community notifications, of any sort, will be sent to the occupants of an actual property within the community.
If there is no one there to receive these notifications at either address and if a communication is considered not to have been delivered properly - then it will be considered sufficient to display the communication on the community notice board or in a similar place within the community that is, easily visible and specifically used for that purpose.
The displayed notification must carry an explanation as to why the communication has been made in this way that is dated and signed by the community secretary and the president. After three days, the notification will be considered to have been legally made and the owner officially notified, regardless of whether the owner is aware of it or not.
The date, of this now official notification, is relevant, especially if an owner wishes to take legal action against the notification, for example, challenge an agreement made at a community meeting that will alter something within the community. After the passing of a certain period of time it may no longer be legally possible to make that challenge.
In short it is your responsibility and in your interest to make yourself available to your administration either directly or indirectly. Should your community decide on something you disagree with that you later want to have stopped or changed, then missed and expired important communications now sun bleached and flapping in the wind will not be much of an excuse, especially in a court of law, neither will claiming you were not properly informed.
So if you wish to avoid unpleasant surprises make sure you provide your community with a good contact address that is here in Spain where community correspondence will be received properly, this is especially important if you are often away, a holiday owner or rent your property out.
As usual,
We at Intercala Administration strongly suggest you always seek proper and competent advice in all matters regarding the law.