Can they call AGM by e-mail?

QUESTION:

Spain’s Horizontal Law specifies the procedure for calling the AGM in Article 16 and distribution is defined in Article 9. There is no mention of e-mail communication.

The AGM is a very important meeting for owners. To notify it by e-mail does not give a reliable proof of service as owners can change their address and forget to notify the community.

Owners may not have a way to print any  documents. Notification of the AGM could be e-mailed but should the total package with the Agenda and Budget be sent in accordance with the HPA Article? 

R P (Costa del Sol)

ANSWER:

The Horizontal Law considers notification of the AGM to be properly completed when the property owner is informed by post at his apartment or at another address in Spain, and the notice is posted on the community bulletin board.

In today’s world, where many owners live in other countries and are often absent, more and more communities are voting to allow notification by e-mail.  This helps to ensure that the absent members, as well as those in Spain, are properly informed of items on the official agenda.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at [email protected], or call 952 667 090.