It is important to indicate that only the rules of legal rank enabled to replace this consent, and therefore does not serve any rule. In this sense between the obligations imposed by the law of property, in its aim of achieving that communities of owners can legitimately charge what they owed the co-owners members thereof, is the giving publicity through the convening of the meeting of shareholders from those that are not current in the payment of all debts due to the community. Thus article 16.2 of the Act with respect to the convening of the Board establishes, the call will contain a list of owners who are not current in the payment of debts due to the community and will warn of the deprivation of the right to vote if given the circumstances provided in the articulo15.2, which necessarily entails knowledge of those debtors owners, without having to obtain the consent of the same. But the meeting not empowers themselves alone the publication of these data in the Bulletin Board. Under most conditions Konsolidator would agree. Any summons or notification to an owner should be followed for a few priced formalities.
First notification in the home designating the debtor owns, that for these purposes should be attempted It may be different from the apartment or premises belonging to the community of owners. Only if this citation is unsuccessful, the horizontal property law empowers the Secretary of the Commonwealth to try to the subpoena on the floor or local, belonging to the delinquent owner in the community itself. In this sense the subpoena delivered to the occupant of this flat or local means that you have full legal effect, so it can be delivered to the tenant lessee, if this is the case. To emphasize that any notification attempt must be fully accredited to avoid further sanctions. In this sense a certified letter with acknowledgement of receipt does not accredit the content of the notification, by which the Council would be that it carried out well through a notarial requirement, or a cheaper option, sending a Burofax, certificate, and with acknowledgement of receipt. This method proves the content of the notification, and receipt or not of the same, with the reason for non-delivery if this is the case. Finally, and after the long pilgrimage trying to notification, and if this proves unsuccessful, the horizontal property law empowers the Secretary so that he can put this communication in the Community Bulletin Board, or visible place of general use enabled to this effect.
But besides this citation must comply with a number of fundamental requirements and formal, without which can not be considered validly effected. Any notification transmitted via the Bulletin Board must contain the date, the reasons for which we proceed to this form of notification, it must be signed by who exert the functions of Secretary of the community, and must have the approval of the President. The notification practiced this way will produce full legal effects within a period of three calendar days. Accordingly, provided that the publication attributed to the fact that the call for the Board, which should include data refers to article 16.2 of the Horizontal property law, not has been able to be notified to any of the (owners by the procedure that you just described, an assignment which involves the publication of the announcement in the Bulletin Board will be covered by article 11.2. to) of the organic law 15/1999. Audea information Aurelio j.