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Professional Advice

Pregunta al Administrador de Fincas: Publicar lista de morosos en tablón de anuncios

Good morning.  The administrator of my community has published on the notice board the debtors list with the aim of notify to the owners furthers to th elast agreement made by the AGM to take legal actions.  Is this legal?  Are we not in breach of the Data Protection Laws when we write the full names in a public space?  

Mary H.

Administrator:  Juan López

The Horizontal Propiertors Law, art 9.1 – h says “Informing the person who acts as Secretary about his Spanish address in case he has to be required for either notifications or calls of any nature, which are related to the community matters. By default of it, the community flat or premises will be considered the address notifications and calls, and all those delivered to the occupants, will have juridical effects.

If the attempted notification or call were impossible to be practice at the place prevented in the previous paragraph, it will be understood to be carried out by the placing the corresponding communication on the community bulletin board, or in a visible place of on a general use place fit out for such effect, explaining the date and reasons for which they proceed to this notification way. The Secretary of the community should sign it, previous President approval. This way notification will produce full juridical effects in a three natural day’s term.”.

 

So, the communities shall follow the indications especified in  art. 9.1 h), which only allows to do it when the notification in the debtor´s adress was not sucessfull.  The accuarate way to publish that list would be adding as observation that due to the imposibility of notifying in the address given by the owner for the community matters, this notification is published in the notice board

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