- I am a collegiate administrator and in one of the Owners’ Communities that I manage there is an owner dedicated to making my life impossible. Without formulating any specific complaint against my management, he dedicates himself to showing up at my office whenever he wants and demands that I show him the Community accounts and provide him with a copy of the invoices that he considers appropriate. Am I required to meet these types of requirements?
As you undoubtedly already know, there is no specific precept in the Horizontal Property Law (LPH) that regulates the owner’s right to information; and precisely for this reason, this is a highly discussed issue.
According to the doctrine, there is no abstract right to information in favor of the owners, but based on specific purposes. Therefore, article 20.1 e) of the Horizontal Property Law (LPH) establishes that the Administrator acting as Secretary “must keep the documentation of the community available to the holders“.
Although the jurisprudential development around this issue is inconclusive, in relation to your query, we bring here a very illuminating paragraph to the judgment of the Madrid Provincial Court of December 16, 2005, which states that “the right to information cannot be understood as the right of every owner to obtain as much documentation as they want and want or for unspecified purposes, but rather as the right to examine it in the place where it is available, or eventually obtain a copydepending on circumstances that make it advisable due to the complexity or specific interest of the matter, given that the right to information must be made compatible with the duty of the Community bodies to protect the general interest, avoiding behaviors with obstructionist or control or general oversight, more typical of an audit than a request for information for intervention in the Meeting in the legally required terms”.
*The answer has been prepared by the law firm Echeandia & Alevito: www.echeandia-alevito.com
Source: LA INFORMACIÓN – Lo último by www.lainformacion.com.
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