Putting up a Debtors List in The Community of Owners Public Areas is Illegal
We have been recently approached by a client asking whether sticking ones name on a list of debtors for Community fees is a legal thing to be done by the President or the administrators office.
In the particular case the President considered that these debtors have to be named and shamed as if we were in the time of the Spanish Inquisition as in his opinion this was the only way to make owners pay.
In a case identical to the one above, the Data Protection Agency contended that the information of debtors published on a notice board allowed the public (neighbours but also outsiders) to know information on the personal financial situation of the claimant which should have been kept secret by the administration office so that only the co-owners of the complex could access such information. The Community of Owners was consequently fined with 601 Euros and will presumably demand this money from the President.
In our case we have urged our client to send a clear warning to the “President” advising him that he is in breach of the Data Protection Act and that a similar illegality was fined with € 601 by the Data Protection Agency although the fine could be stretched to a maximum of €60,101, which is what the Act stipulates.
could any one tell me if a co-owner of appartment can become community president, ie partner/brother/sister own together but only one name on tittle deeds
Helo Joe,
Not a problem, any one owner, or co-owner for that matter, can be the President of the community.
Sorry Joe, by co-owner I mean someone on the deeds, for 5, 10 or 50% of the share ownership. Someone not on the deeds cannot be the President.
As President of the Community would it be legal for me to place a debtors list inside the locked stairs and lifts (6) area of the complex which is not accessible to the general public?
Hi Derek, so long as it is not open to anyone walking in to the community, it should be fine. In any case, the list normally is made available at a certain address, or the administrators office.
I purchased a new apartment with a communal pool, which is withing property boundary and only accessible by owners. Recently the Comunidad erected a fence between the pool and other internal areas and secuired it with a electronicly opened gate for which the required owners to pay 45 each for cards to gain access to the pool. The reason given for restricting access was that it would prevent owners who had not payed their comunity charge from using the pool as they would not be provided with cards. To me this is a a sledge hammer to crack a nut and is a reaL inconvenience and restricts free access to the pool. My question therefore is, are the communidad acting within their authority or is what they have done illegal?
Can you please give me some advice regarding community accounts, if I am entittled to be furnished with a full break down of outgoings. Our President refuses to give us this information.is this legal ?
Does a Community of owners have to register with the Data Protection Agency and submit all relevant files?
can a community legally charge a penalty for late payment of fees, ie 10%
Can you advise me if it is possible to post debtors list in a locked gated area of post boxes where only owners or postman has keys to enter the area to collect post etc.
Our community has a number of storage rooms where Owners have be allowed to store items. Our new President has decided to change the locks and only allow access by prior arrangement with him. He is also proposing to move items belonging to Owners with the idea of renting out one of the Community storage áreas. This is without any prior consultation with the Community of Owners. Is he within his rights as President?
This question was posted a while back. I have not seen an answer to it. Is there one ?
Mike,
This is a controversial matter. On the one side, this has no backing from the law or judicial case law. On the other, there are 2 rulings from the Directorate General of Notaries and Registrars that stipulate that AGMs can validly vote such restrictions for non-payers.
The solution I can see to this debate is to have it put through the Courts, by an individual owner (or owners).
Paula,
I have never seen such an arrangement before.
It seems that the President is acting out of a personal agenda and this is not acceptable. The storage of items where someone holds the key is a legal arrangement that has implications for whomever holds the key, mostly in respect to what belongs to whom and what happens if items go missing.
I suggest this matter is taken up with the President but by a lawyer.
Hi ! I read that to start an AGM there must be a quorum of 51% . Can anyone clarify how that 51% can be made up ? i.e omly by persons actually present or by those present Plus those represented ? (by written authority/proxy)
Hi There can you tell me the law on closing times of community pools
we have a situation where an owner on our comunidad, of duplex houses, has removed a window at the side of the house and installed a patio door in it’s place. the patio door is of the same width as the window, the same design and color and has the same roller blind type shutter. In effect it matches the the rest of the house. However, permission was not sought from the comunidad first. Is it possible seek a retrospective approval at a EGM or AGM and what type of vote would be required to approve the project ?
Hello Antonio,
My community displays a list of debtors both on a notice board by the pool and a notice board by the letterboxes. The pool is accessible just to house owners but also to their guests so effectively members of the public and the letterboxes are on a public road. I pointed out to them that it was illegal but they didn’t remove the lists, just removed the names from the list, only listing the house numbers and the amount of their debt. They email out a list of debtors to all the owners at the beginning of each month so I feel the public notice boards are unnecessary but they say that the court requests the list should be on a notice board. If this is incorrect please can you point me to a legal document online that I can send them so that I can prove they are in the wrong as this an ongoing argument that I am not winning!
The reason I am pushing for this is because my community places you on a list of debtors immediately an invoice is issued! For instance I am currently listed as a debtor for an invoice dated 31st Oct 2015. It has to be paid by 30 November 2015, if it is not paid by this date 10% interest will be charged at the beginning of December. In my book this does not make me a debtor! It is only for one month’s community fee, I don’t owe anything else and so there is nothing lodged at the court. They don’t seem to understand the difference between ‘amount due’ and ‘amount outstanding / overdue’.
Would be very grateful for any assistance. Thank you.
Mike,
Opening a door without permission is illegal, both at Community of owners level as with the Town Hall. As for the Community, this door can affect, in principle, a community element such as a load-bearing wall. Also, if it is visible then it becomes facade in which case, authority has to be sought from the AGM or EGM, whether before or after it was built, on the understanding that if the works are not approved the neighbour can be forced to undo the works.
Kelly:
Current case law now establishes that only where personal notification has failed will the notice board notification be acceptable.
I am not aware of the Courts forcing a Community to put a list up on a notice board a condition of legal case of this nature nor am I aware of this being ‘law’. Consequently, I must conclude that it is an excuse.
In respect to the second point, this is clearly an abuse of power and should be reported to the relevant authority, it being the Data Protection Agency (www.agpd.es).
Our current community administrator sends out all lists and debtors information without the names of the owners and says this is correct for Data Protection. Previously the list always had the debtors names etc. As “directors” of this community are we not entitled to know the names of the debtors? Also, the community has now closed the pool gates with a lock and chain and it is only opened for 2 months of the year – due to the size and needing a lifeguard. Surely if they have gates it prevents children entering and the pool can be used under your own responsibility? Sort of like the sea and beach – used all year round, but has a lifeguard in summer. The closed off area covers the gardens which people used to use to sunbathe in. Any advice appreciated.
I am the president of the community Playagolf 1.
We have an owner who has e tended their front lower Veranda out until it adjoins their front garden wall.
As the garden walls of this community are governed by the community & insured by the community,s Insurance
The community committee have Vetoed this action, also this owner has built this extension without community permission.
I have spoken to our administrator who has been sent by me some photos of the said infringement.
He has instructed me that the company lawyer has deemed that this is illegal.
Exetens have been allowed elsewhere on the community with a gap of 1 mtr. from the garden wall.
I have spoken to the owners they are refusing to have this put right.
My question what happens now.
Regards
Ray Bailey
Our community has a house painting colour code.
But there are 2 detached houses on the community.
The owners are wanting to change the colour of their houses.
Is this legal within the community.
Regards