Property Managers: How to Call Meetings and Pursue Debtors Without Blowing the Budget on Certified Mail

The Property Manager’s Constant Dilemma

Managing an Owners’ Association is a constant balancing act. On the one hand, owners demand that costs be kept to a minimum. On the other, the Horizontal Property Act imposes strict formal requirements for meeting notices, minutes and debt recovery.

For years, when a property manager needed to prove that a notice had been sent, they turned to certified mail (burofax). The problem is clear: sending 40 or 50 items of certified mail for an ordinary meeting is not economically viable. Yet using ordinary email carries a real risk: it only takes one owner to claim they “were not notified” to call into question the validity of the decisions taken.

The answer is not to choose between cost and legal certainty but to digitise the evidence through certified email.

Debt Recovery from Delinquent Owners: The Essential First Step

Before starting court proceedings against a delinquent owner, it is essential to prove that an amicable attempt to collect was made. This prior step is not a mere formality: it can be decisive in court.

Using certified email makes it possible to:

• Prove the exact content of the demand.
• Establish the date and time of sending.
• Demonstrate delivery to the recipient’s server.

Compared with unclaimed certified mail or returned letters, certified electronic notification produces a digital receipt with a timestamp and content hash. This is especially relevant in the light of recent case law that reinforces the evidentiary value of certified electronic services in the current procedural framework.

For the property manager, it means being able to show the court that the association acted with due care and in good faith before taking legal action.

Meeting Notices: Avoiding Challenges on Formal Grounds

One of the main concerns in community management is decisions being challenged because of formal defects in the notice.

Plain email does not guarantee either receipt or the integrity of the attached agenda. Read receipts depend entirely on the recipient and have no standalone evidentiary value.

Certified email, by contrast, makes it possible to:

• Prove exactly which document was sent (agenda, attached papers).
• Establish when the notice was issued.
• Demonstrate technical delivery to the recipient.

If an owner claims they were not notified, the association has verifiable technical evidence that can be submitted in court. This protects the decisions and reduces the risk of annulment on formal grounds.

Minutes and Follow-Up Notifications: Full Traceability

It is not only the notice that must be rigorous. Sending the meeting minutes and relevant decisions can also be disputed.

Electronic certification makes it possible to keep a complete historical record of all relevant communications, helping the association to defend itself in internal disputes or future claims.

In highly contentious communities, this document traceability becomes an essential management tool.

The Overlooked Angle: Contractor Activity Coordination

Beyond meetings and debtors, there is a less visible but legally serious risk: liability for health and safety at work.

When the association contracts cleaning, lift maintenance or refurbishment work, it takes on Contractor Activity Coordination obligations. This means informing the contractors in writing about the specific risks in the building.

In the event of a workplace accident, the Labour Inspectorate may require proof that this information was actually communicated.

Certified email makes it possible to prove:

• Sending of the risk assessment.
• Preventive instructions given to the contractor.
• The exact date of the communication.

In an administrative or court proceeding, this evidence can be decisive in avoiding civil or even criminal liability.

Practical Comparison: Cost and Operations

For a community of 15 owners, the financial difference is substantial:

Cost reduction is not the only benefit. The immediacy and the ability to integrate these communications into the practice’s management software significantly improve operational efficiency.

Frequently Asked Questions (FAQs)

Is it mandatory to use certified mail to call a meeting?
No. The Horizontal Property Act requires reliable notification when applicable but does not specify a particular channel. What matters is being able to prove sending, content and receipt.

Can a meeting be challenged if certified email was used?
As in any procedure, a challenge is always possible. However, certified email provides solid technical evidence that makes it harder to argue lack of notice.

Is certified email valid in court?
Yes. European regulation (eIDAS) and court practice accept electronic evidence provided that integrity and traceability are guaranteed.

Is it also useful for communications with maintenance companies?
Yes. It is especially useful for Contractor Activity Coordination to prove that risks and preventive measures were communicated.

Conclusion

The modern property manager cannot choose between legal certainty and budget control. Professional management means complying fully with the Horizontal Property Act and health and safety rules without passing disproportionate costs on to the association.

Certified email makes it possible to send meeting notices, pursue debts and meet Contractor Activity Coordination obligations with full traceability and at a fraction of the cost of certified mail. It is not only about saving money but about professionalising management and protecting the property manager against challenges, inspections and future claims.