Urbanisation fees not paid

The administrator will not pay the fine though will they It is part of Horizontal Law that you can not stop access to the pool for an owner who is not paying the fees

Reference the with holding of pool keys, our President looked into this a couple of years ago and the key is issued to the property owner. Any person renting the property does not have aright to the pool use, it is done as a courtesy by the owner, if he has failed to pay his fees, then the president on our urb, with the agreement of all paid up owners changed the locks and issued keys to people that were up to date with their payments, a key was only issued on proof that you were paid up. I would love to hear of any owner having the cheek to try and take it to court that they or their guests were denied access to a pool area having then to explain that they are in arrears to the community.

That's why you need a good Administrator to advise on how to sort out these matters. They should know the Home Addresses of Owners and can send Registered Letters to them if they refuse to disclose their Addresses. Perhaps help you find out if Places are Registered for Renting. I feel sorry for People paying to Rent in Good Faith not knowing they can't use the Pool. Communities have Rules and Renters should also leave a Copy of them in the Property.
I

Servigest are our administrators and seem to be on top of issues like this, what some should remember is pool / recreation areas need periodic upgrading this can only be funded by owners paying their due debt,our pool area close by Consum has received a pleasant upgrade tiled area ,new showers etc.
the alternative is a gradually deteriorating recreation area that impacts on future potential rentals and possibly house prices.

manxmunk wrote:Reference the with holding of pool keys, our President looked into this a couple of years ago and the key is issued to the property owner. Any person renting the property does not have aright to the pool use, it is done as a courtesy by the owner, if he has failed to pay his fees, then the president on our urb, with the agreement of all paid up owners changed the locks and issued keys to people that were up to date with their payments, a key was only issued on proof that you were paid up. I would love to hear of any owner having the cheek to try and take it to court that they or their guests were denied access to a pool area having then to explain that they are in arrears to the community.

I had to laugh at your last paragraph, in relation to what Freddo posted.
It seems it is difficult for communities to get non-payers to court but non-payers would find it easy to take the community to court to get access to a facility for which they have failed to make their due contribution. It just tickled me. Luckily I am not part of a community but if I were I would support any steps to prevent the ´do as you likeys´ from taking the pee.

If you aren't happy with your Administrator. Change them.We did as Euromarina supplied the first one and they weren't efficient. . Find out what their services are like and how approachable they are. I wouldn't let it rest either. Too many crooks (no other word for them) willing to let other people pay but still expect the Benefits.

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Dear Sir or Madam,

In short, absolutely not.

Tenants at no time can be held responsible for whether their landlord is up-to-date or not with paying the Community's fees.

At no time can a Community of Owners ban landlords -or even tenants- the use of a communal facility (i.e. laundry rooms, play rooms, swimming pools, social house etc) because of community arrears.

Any action taken to ban their use may result on either the landlord or his tenants, on his behalf, taking legal & successful action against the Community of Owners. The Community would be held ultimately liable, as a whole, for the outcome of these legal actions. In other words, every communer will be forced to pay their share for the legal blunder.

So bottom line, although undeniably unfair, a C.O. cannot deny access or impede the use of communal facilities despite of unpaid comunity fees.

You may want to read our article on the matter:

Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain - 26th June 2009

Yours faithfully,
Raymundo Larraín Nesbitt
Last edited by Lawbird Lawyer; 10-23-2009 at 11:42 AM.
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10-27-2009, 12:07 PM #3
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Hi
Thanks for the advice. My tenant is extremely worried that they will be prevented from using the facilities. We have been told, however, that it depends on what is wrote in the community statutes and that if they state that the facilities cannot be used when in arrears then the tenants can also be prevented from using them. Do you know if this is correct? My tenants are very worried and would like to know the correct law/section that states they cannot be banned as the president is continually telling them that they will not get access anymore. Thanks again.
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10-27-2009, 12:31 PM #4
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There's no specific article saying this if that's what you are asking. It's general principles of law.

There's a special legal mechanism devised to force non-paying landlords (section 21) to meet their obligations. There's no need to forbid access to communal facilities much less to a tenant who has no fault of their own.

And even if worded in the Master Deed or Internal Community Rules it would be illegal and subject of being successfully challenged at court as per section 18, in my opinion. Other lawyers, I'm sure, will think differently.

In section 11 for example you have a similar case of non-solicited improvements added in. If one of the dissenting communers doesn't pay for it he can nevertheless use it and cannot be deprived from its use:


Section 11

1. No unit owner may demand new installations, facilities, services or improvements not required for the correct maintenance, habitation, safety and accessibility of the building, in accordance with its nature and characteristics.

2. Where resolutions are validly adopted to carry out improvements that may not be imposed in accordance with the provisions of the last preceding subsection and whose cost of installation exceed the ordinary common expenses for three months, dissenters shall not be bound, nor their fee modified, even where they cannot be deprived of the improvement or benefit.

However section 11 also adds:

If dissenters wish at any time to take advantage of the benefits of the innovation, they shall have to share in the cost of installation and maintenance, duly updated by application of the legal interest rate.

If this laundry system was implemented afterwards as a "new installation", you as landlord, if you did not pay your share towards its installation or maintainance may be stopped from it's use, along with your tenant.

Lawyers will have different opinions almost always on identical matters unless there's a specific section dealing with the matter or a string of likeminded jurisprudence.

Yours faithfully,
Last edited by Lawbird Lawyer; 10-27-2009 at 12:34 PM.
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12-15-2009, 08:18 AM #5
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Hello again,
Our tenants have just been informed that in less than a week the locks will be changed to the communal gym, laundry room and even the garage which they use. They have been told that as the owner hasn't paid the fees they will not be getting new keys despite their rent being up to date. We have contacted the community who are refusing to give them new keys and who say they do not need to. What should my tenants do now?
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01-08-2010, 05:50 PM #6
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Dear Sir or Madam,

Please scan and e-mail me the Stautes of your Community. Contact us.

I will examine them free of compromise and revert back to you.

Yours faithfully,
Raymundo Larraín Nesbitt
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I think it would be good for all "unpaid" owners who rent their properties on a community should be reported to the necessary departments to see if in fact they are paying their dues in Spanish taxes..You are obliged to pay this if you rent your property out...

That's all very well Freddo but if some can put their fingers up to the law, so can others.
Also you can bet in most instances these ne'er do wells will be doing everything illegally. So why let THEM hide behind the law?

If an owner was in arrears with his Community Charge can you imagine him taking a Community to court knowing he was in the wrong to start with..?

And IF.. it ever came to a court decision it will still be up to a judge to decide on the penalty....if any.... and the errant owner might well end up paying court costs even if he/she wins...

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