Statutory requirements to take legal action of recovery
1. Notice of the meeting duly summoned including in the agenda the item of court action for recovery of debts.
It must be included as an item the Owners’Committee authorization for court recovery of overdue fees (s. 21) SC 622/2015.
2. Certification of the Owners’ Committee decision approving the debt settlement due to the community issued by its secretary and with the approval of the president
It is not enough to express only the amount of the debt but that certification shall comprise a clear itemisation of it, otherwise the court will reject the application. Where service charges are paid by standing order it is advisable to provide the unpaid receipts returned by the bank.
3. Notice of the resolution to the defaulting owner in accordance with subsection 9 (h) of the LPH..
Under subsection 9 (h) of the LPH every owner must notify the person acting as commonhold secretary , by any means ensuring proper evidence of service for, the domicile in Spain for the purpose of receiving summons or communications of any kind related to the commonhold. In absence of this notification property shall be deemed to be the owner’s domicile by default, and any notices served on the occupant shall constitute full legal effect. Should service of notification or summons at the place indicated in the preceding paragraph be impossible, it shall be deemed to have taken place if the communication is affixed on the notice board of the community, or at a visible place set aside for this purpose. The notice should, indicate the date and the reason for which this form of notification is used, should be signed by the person acting as community secretary and endorsed by the president. A notice served in this way shall produce full legal effect following the term of three calendar days. .
4. Accreditation of the president’s office.
In some cases it is necessary to accredit the office of president to certain public or private bodies, such accreditation could be done through two ways: (i) Notary’s certificate of the minutes. or (ii) Secretary certificate with notary assertion.
5. Authorization granted by the OC to go to court for action recovery..
6. Proof of notice of the Certification of the Owners’ Committee decision .
7. Proof of notice of the prior request of payment and evidence of its expenditure