In residents’ associations, many communications are carried out that need to be sent reliably. Registered email saves time and money, providing legal certainty. This post tells you about the uses of Registered email in resident’s association, its benefits, and legal validity.
What is a Registered email?
Registered email is an electronic communication in which its authenticity is certified by a trusted service provider. In other words, there is the sender of the communication and the receiver and a third party who certifies that the communication has taken place, when it was made, who sent it and who received it, its origin and content.
Uses of Registered email in resident’s associations
In resident’s associations, you can send a Registered email for
–To send calls for meetings. The Spanish Horizontal Property Law (Common Hold Property Act) establishes in article 9.1h) that one of the obligations of the owners is to communicate the address in Spain to receive notifications; otherwise, it will be understood that it is the flat or premises of their property. Furthermore, jurisprudence and doctrine admit that the address in Spain can be an email mailbox. Therefore, meeting calls can be sent by email, but two important issues should be considered:
o That the owner has accepted this communication type.
o That the registered email is used to provide proof of the communication, if the owner denies having received it
–To send resident’s association minutes. For example, when the proprietors meet, a minute with the agreements must be drawn up. This minute must be sent to the owners with acknowledgement of receipt since the term of contestation starts when the minute has been received. Therefore, as in the previous case, communications must be made reliably, and Registered Email can be used.
– Claim of community expenses. One of the most frequent problems that resident’s associations face is the non-payment of community expenses by an owner. The first step that must be done so that the outstanding amount can be claimed in court is to send a reliable communication. Registered email meets all the requirements to be used as evidence in extrajudicial debt claims.
– Other communications. Resident’s associations may need to send a multitude of communications to neighbours and third parties such as cleaning service providers, elevator maintenance, concierge services, etc. For example, the completion of a contract or the acceptance of an offer or a quote can be communicated by Registered email.
Therefore, the summons and minutes of the meeting, especially when dealing with critical issues such as the modification of quotas or the approval of regulations or bans, should prove the receipt of the communication by the recipients and its content.
Is Registered email valid for residents’ associations?
Registered email is valid based on the European eIDAS Regulation that establishes the following in article 43:
- Data sent and received using an electronic registered delivery service shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements of the qualified electronic registered delivery service.
- Data sent and received using a qualified electronic registered delivery service shall enjoy the presumption of the integrity of the data, the sending of that data by the identified sender, its receipt by the identified addressee and the accuracy of the date and time of sending and receipt indicated by the qualified electronic registered delivery service.
What advantages does Registered email bring to residents’ associations?
In addition to the many uses of Registered email in resident’s associations, it brings several benefits such as the following:
– It is 95% cheaper than sending a registered fax service.
– It allows you to save time, add the address of the trusted service provider in the CC field.
– It is legal and valid as evidence in a judicial proceeding.
– Provides security in communications, which is essential for critical issues such as dunning unpaid community fees to an owner.
As a result, Lleida.net registered email uses email to make it very versatile and provides the confidence and legality needed for all the communications made by the resident’s associations.