By David Searl • 01 October 2020 • 12:10
Can they name debtors?
Question: I live in a community of nine apartments, three of which are in the hands of the bank. We recently changed administrators after 15years. The new administrator tells me we cannot display information about our debtors. Our old administrators changed from a list with names to a list with only property numbers. The new administration has given me a list of debtors, but said I cannot display it, under Spanish data protection rules. Is this correct? M.D. (by email)
Answer: Yes, it is correct. Spain’s privacy laws prohibit the publication of personal information to the general public. Now the fun starts. The Horizontal Law establishes that the notification of the AGM must include the list of those debtors who are prohibited from voting. If the members are notified by letter in a sealed envelope this meets the requirements. If the notification is by email, these should be individually sent and preferably with password access. If there is a notice board, it should be in a closed box opened by key or code. The idea is to prevent “third parties” from accessing the list.
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Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.
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