My back gate blocked off by community

[walnut]

Hi all,heres the scenario.18 months ago we moved into a property within a small urb,part of our rent included our payment for the community fees.In march we found out that the other renters,which amount to 75% of the occupiers were not paying the community fee.We,therefore,stopped paying ours!Since this the pool has been drained and repaired and refilled two days ago,even though we don't use it.Yesterday morning I wake to find that my back door and been covered by a bolted metal fence,thus,stopping exit or entrance from the back door.The back door gives entrance to the pool area,however,also provides exit/entrance to the world outside of the pool area.Surely,it would be illegal for anyone,without a court notice,to deny access to your property via whichever door you wish to enter or exit.Thoughts anyone????

[Tootandploot]

I am no expert in Spanish law but in the UK any rights granted for use of communal areas (which would usually include footpaths) giving access to and from a property or amenity is usually subject to paying a proportionate part of the repair of cost and maintenance. The fact that your neighbours are not paying their share is not a reason for you not doing so. You would need to check your deeds but if the access is not owned by the local authority and is private or community land then you may find that you are in a tricky situation. Whether they are entitled to do it or not it is certainly going to force the issue.

[Jan]

Hi all,heres the scenario.18 months ago we moved into a property within a small urb,part of our rent included our payment for the community fees.In march we found out that the other renters,which amount to 75% of the occupiers were not paying the community fee.We,therefore,stopped paying ours!Since this the pool has been drained and repaired and refilled two days ago,even though we don't use it.Yesterday morning I wake to find that my back door and been covered by a bolted metal fence,thus,stopping exit or entrance from the back door.The back door gives entrance to the pool area,however,also provides exit/entrance to the world outside of the pool area.Surely,it would be illegal for anyone,without a court notice,to deny access to your property via whichever door you wish to enter or exit.Thoughts anyone????

The rents seem to generally be a lump sum which includes everything to do with the property and bills tend to be separate. So the problem seems to be that your landlord or agent has written the agreement in a strange way by saying 'including an amount for community fee'. The community fees are paid by the owner but obviously can be taken from the profit of rent they receive.

Did you check what your neighbours are paying before you stopped the payment? It may be similar to what you are paying but without the specific statement saying part of rent includes community fees.

It sounds a bit drastic to block an entrance though.

Jan

[scubydoo]

If you live in a community and have to pay a fee it is not optional the normal way would be for the comunity to take you and any other offenders to court and you would end up responsible for all of the costs so beware.

[dr.doolittle]

If its the same urb we lived on we didn't pay it, didn't even know who the president was or who to pay, should have been 30e a month, would never have used pool anyway.

[scubydoo]

Community fees are the law not optional even if you are on a community with a pool and do not use it! and if you do not pay the courts have the right to embargo your property to recover the fees owed.

If any of the members fail to pay the community fees, the President or the Administrator may claim the debt, previous authorisation of the community members, in the Court of First Instance from the city where the block of flats is located, and even have the property sold at auction to recover unpaid charges

http://spainlawyer.com/guia-legal/la-vi ... rty-owners

Be aware!

[Jan]

There's a slight misunderstanding by those comments by scubydoo and Dr Doolittle above - Yes it is law to pay community fees and property 'owners' have to pay but the original poster (walnut) is renting and doesn't own the property if you read the first post correctly.

Owners/ Landlords pay the community fees but renters usually pay a set rent inclusive of everything except utility bills.


Jan

[Tootandploot]

It is not clear whether Walnut or his landlord has not paid. Either way Walnut has a problem and if he wants to keep a roof over his head and access to the property the outstanding fees should be paid immediately. Who is liable for the fees will depend upon the wording of the rental agreement but if it is the Landlord who has not paid the Walnut will have recourse against the landlord and should be negotiating with the Landlord If it is Walnut who has not paid then there is nothing lost but if I was the landlord I would not be happy at my tenant withholding the community fees and putting my investment at risk. It really needs clarifying as to who is responsible for the actual payment but one thing is certain and that is they need to be discharged sooner rather than later for all concerned.

[dr.doolittle]

There's a slight misunderstanding by those comments by scubydoo and Dr Doolittle above - Yes it is law to pay community fees and property 'owners' have to pay but the original poster (walnut) is renting and doesn't own the property if you read the first post correctly.

Owners/ Landlords pay the community fees but renters usually pay a set rent inclusive of everything except utility bills.


Jan

[scubydoo]

It is not clear whether Walnut or his landlord has not paid. Either way Walnut has a problem and if he wants to keep a roof over his head and access to the property the outstanding fees should be paid immediately. Who is liable for the fees will depend upon the wording of the rental agreement but if it is the Landlord who has not paid the Walnut will have recourse against the landlord and should be negotiating with the Landlord If it is Walnut who has not paid then there is nothing lost but if I was the landlord I would not be happy at my tenant withholding the community fees and putting my investment at risk. It really needs clarifying as to who is responsible for the actual payment but one thing is certain and that is they need to be discharged sooner rather than later for all concerned.

Walnut stated

our rent included our payment for the community fees.In march we found out that the other renters,which amount to 75% of the occupiers were not paying the community fee.We,therefore,stopped paying ours!

Am I missing somthing! they stated they stopped paying! if this is correct it is not within the law an I am suprised this can be condoned by anyone good post Toot if it wasn't in the agreement why did they pay in the first place!