Property communities in the Canary Islands are increasingly using WhatsApp groups for daily organization, from breakdown alerts to meeting reminders. However, a recent court ruling has highlighted that this communication system does not replace the legal obligations established by the Horizontal Property Law for calling meetings.
In the analyzed case, an agreement demanding 4,750 euros from some owners was annulled by the Justice system, considering that the meeting where this claim was approved had not been properly convened. The main error was the lack of specificity regarding the meeting's agenda in the sent WhatsApp message.
The Horizontal Property Law requires owners to know in advance the matters to be discussed, as well as the place, date, and time of the meeting. While WhatsApp can serve as an agile communication channel, it does not exempt from fulfilling these legal guarantees before voting on decisions affecting the community.
The judicial resolution favored the affected owners, who challenged the agreement due to not being clearly informed about the meeting's purpose. The ruling emphasizes that a simple WhatsApp message can serve as a reminder but does not replace a formal notice detailing the agenda.
This situation is common in the Canary Islands, especially when extraordinary expenses, works, or renovations are planned. Digitalization has streamlined communication, but it is crucial to maintain legal procedures to prevent approved decisions from being annulled later. Communities can use messaging apps to speed up operations, but always respecting the formalities of the Horizontal Property Law.
