Power of Attorney?

Q.

Can the Administrator of our Community of Property Owners refuse to accept a Power of Attorney sent by e-mail? And, are not the owners required to keep their properties in good order? P D (Costa Blanca)

A.

A. Yes, he can, because he has no way of knowing for sure in legal terms just who exactly is the real sender of the e-mail. Properly, you should present and sign your Power of Attorney in the presence of the Administrator or the President.

Even more properly you should make the Power of Attorney at the Spanish ‘Notario.’ This power, or ‘Poder,’ will then be stamped and legally registered with the Notary. The Power of Attorney you make with your Community only authorises a person to vote for you at the AGM.

Other such Powers may allow the holder to buy or sell property in your name so are a serious legal matter. Some Communities have their own websites.

Members register and receive their own passwords. Community members are required by law to keep their properties in good order.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.