Property Law

¿What should I do if I am summoned to a Community Meeting and I am in the UK?

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Who is responsible for calling the meetings of the homeowners’ association? . By law it corresponds to him to make the summons:

a) To the President of the community

b) When it is requested by a number of owners.

Art. 16.2 of the LPH proclaims that:

“[…]the summons of the Meetings will be made by the President and, failing this, by the promoters of the meeting, with an indication of the matters to be dealt with, the place, day and time when it will be held on first or, as the case may be, on second call, with the summons being made in the manner established in art. 9”.

Where must the notice of the Meeting of Owners’ Meeting be notified?
The notification of the celebration of a community meeting must be notified to the owners. The Law determines the form in which such summons must be carried out, indicating three possibilities in this respect through a hierarchical order of necessary observance:

1º.- Designated domicile
In accordance with the provisions of art. 9 1 h) of the LPH, the notification must be made at the address designated by the owner.

It is the obligation of the owners of the apartments and premises to communicate to the person acting as secretary of the community, by any means which allows proof of receipt, the address in Spain for the purpose of summons and notifications of all kinds related to the community.

2º.- In the apartment or premises
In the absence of this communication, the apartment or premises belonging to the community shall be considered as the address for summons and notifications, and those delivered to the occupant of the same shall have full legal effect.

3º.- Notice board
If it is impossible to serve a summons or notification to the owner in the place provided for in the preceding paragraph, it will be understood to have been served by placing the corresponding notice on the notice board of the community, or in a visible place of general use provided for this purpose, with a note stating the date and reasons for this form of notification, signed by the person acting as secretary of the community, with the approval of the president.

The notification made in this way will produce full legal effects within three calendar days.

The rules governing the manner of issuing such summons are of an imperative nature, being, therefore, of necessary and obligatory compliance, the violation of which is sanctioned by the jurisprudence with the radical nullity of the Meeting and of the resolutions adopted therein, without the notification to each owner being able to be omitted or substituted by another formality or to be based on simple assumptions of knowledge.

Evidently, if an owner has not been legally notified for the convening of the Meeting and is not in agreement with the adopted agreements, he will have to challenge judicially such celebration and the agreements.

However, what happens if I have been summoned to my address for notification purposes and I am in the United Kingdom?

You can contact this law firm and we will advise you. You can make a voluntary written proxy or power of attorney for someone on your behalf to represent you and vote at your discretion.

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