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THE ADDRESS WITHIN THE SCOPE OF THE HORIZONTAL PROPERTY ACT.

 

We consider of great interest that non-residents in Spain are aware of the meaning of the concept of  address for the purposes of the Horizontal Property Act, whose provisions apply to the organization of Communities of Property Owners and the reciprocal relationship between these and the owners of the properties whose components are part of them. 

 

The Horizontal Property Act, in section 9.1 establishes the obligations of each property-owner, and in particular paragraph h) states within the obligations of each property-owner the one of : “communicating to the person acting as secretary of the Community, by any means that allow proof  of receipt, the registered address in Spain for service of process and summons of any kind related to the Community...” it is worth noting the OBLIGATION to designate an ADDRESS in SPAIN, not being valid for the purposes of the Law  to designate the permanent residence or address of the owner of the property in question in another country. 

 

Mentioned section 9.1 continues pointing out: “... default of this communication (the one to fix an address in Spain), the address for service of process and summons will be the one of the property... which belongs to the Community...” meaning this that communications could be made in your absence, therefore the owner may be unaware of agreements taken by the Community which may be beneficial or against the owner´s interests. 

 

Once the address in Spain has been designated by the property owner, any communication sent there is considered to be made directly with the owner, regardless whether he has or has not been awared of the same.  

 

Therefore, in order to overcome a situation of defencelessness, as a result of services made in absence of the owner, it is advisable, in order to facilitate non residents the designation of an address different to their property in Spain, that you appoint your Lawyer or Fiscal Representative address in Spain, since he will be the one who will serve notice of any type of communication on your behalf, making sure the client-owner is going to be aware of the receipt of the said communication. 

 

Likewise, it is worth mentioning that, within the scope of the Tax Authorities, there is also an obligation for non residents in Spain to designate a Fiscal Representative with address in the Spanish territory, whose address will be designated as the FISCAL ADDRESS of the non resident Tax Payer for the purposes of his relationships with the Tax Authorities. 

 

To conclude, you must take into account the circumstances mentioned above in avoidance of situations of helplessness due to ignorance of the provisions of the law. 

 

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