Is the information right limited in an owners' community?
To attend the meeting of your owners' community and to have the right of vote you have to be an owner. It seems obvious but we have to be clear: the right of information stems from your vote capability
The Horizontal Property law at the article 20 section e) establishes that who administers the owners' community has to: " maintain at of the owners willingness the information of the community". The short text causes immediate interrogants: this legal obligation implies at an unlimited right of access at the information of the community? Who is the subject of this right at the information?
A priori,when you read literally the section quoted it wouldn't be limited the right of information and it can't be discovered who is the subject of information right. As we will explain the right of information is limited and there is a titular of this right: the owners' community.
As ever that the legislator is ambiguous we have to read the jurisprudence that fixes the future application. At this sense, the Supreme Court has been clear: 'it does not exist a right of unlimited information and the subject of this right is not the individual but the owners' community' .
At the 14th February of 2004 sentence Supreme court said: 'the Ley of Propiedad Horizontal, don't give and absolut and particular information right to every owner'. Moreover, the sentence of May 20th, 2.004 said that this also true for economical information: 'the Ley of Propiedad Horizontal non establishes the capacity to audit community by every owner'
In conclusion, when the Real Estate agent don't give a detailed information of the community at an owner is not a result of a bad praxi by the agent. The legislator has assumed on the one hand, that is impossible to have of all information at all times and, on the other that an individual owner can not 'collapse' with arbitrary demmands the right at the collective information. So, the practical sentence effect is to limit an individual right in order to make effective a collective right.