Should the administrator inform? Legal advice in Spain

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David Searl and his book, ‘YOU AND THE LAW IN SPAIN’

Question:
The circumstances have changed since the president of our community took office three years ago. The administrator is aware that the president now has two “denuncias” against him, which could affect his presidency. As a matter of interest, should the administrator inform the community owners of this change of circumstances regarding the president?
B.S. (Costa Blanca)

Answer:
The administrator has no obligation to inform the members of the “denuncias” against the president. The word “denuncia” simply means “report”. It does not mean that the president is guilty of any infraction of the law. A semi-official announcement of these reports might well be considered an invasion of privacy on the part of the administrator, and a violation of Spain’s law of data protection. This would expose him to a possible lawsuit or even criminal charges. It is perfectly possible that these reports will come to nothing. In which case, the circumstances have not changed. If a court has issued a sentence for some offence, that would be another matter, because it is in the public record.

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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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