Is the community obliged to supply an owner with a debtors list?

Q.- Can you advise whether community president or the appointed administrator is obliged to supply a fully paid owner with a current debtors list? Owing to the Covid situation we have not had any accounts or debt lists for two years and have requested a list without response.

T.A. (by email)

A.- No, neither the president nor the administrator is obligated to provide a list of community debtors. Spain’s law of data protection prevents this, except in the notification of the AGM.

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 requirement or if notification is by email, the emails should be sent individually. If there is a notice board, it should be in a closed box opened by key or code.

A recent change because of Covid now permits communities to hold the AGM by email or Internet.  This means that the list of debtors would appear with the notification of the AGM.

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