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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 1133. Can they prohibit me the use of my pool?
Monday, April 21, 2014 @ 2:22 PM

Judges have reflected on this matter, which is being used more and more among Community of Owners in Spain in order to stop unpayment of Community fees. When being explicitly asked by El Derecho ,4 out of 7 Magistrates consluded that this practise is not legal. These below are their conclusions:

 1 - The role of internal rules is only to facilitate better standards of  use of common services by all community, and therefore to stop meaningless restrictions that impose a prohibition on the faculties of use and enjoyment that integrate the right of ownership.


2 - Use of common areas by owners in payment default cannot be prohibitted. Any agreement made in this sense by the Community of  Owners is not valid ( therefore not effective) . The Property Administrator should advise in this regard and not to include such topic among discussion points of the Agenda.


3 - The only legal effect of lack of payment provided by the Horizontal Property Act is deprivation of voting rights  to the  defaulter. In this aspect, this Law  even maintains for the defaulters the right to attend and discuss in the meetings.


 4 - By virtue of provision  3b of Horizontal Property Act every singular owner is also co-owner ( as per quota) of  commun belongings, areas and services.


 5 -Llimitations to ownership rights, according to our Constitution, are only  permissible provided they are covered by law, which is not the case.

Costa Luz Left

A property in Tarifa, Cadiz, Costa de la Luz, South western Spain, at facebook.com



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10 Comments


nigel188 said:
Monday, April 21, 2014 @ 2:40 PM

In regards to Legal Tip 1113, our Urbanisation and another have passed a Motion at our AGM's as follow:-

The following was recently approved at our community AGM.

The agreement to modify the Community Statutes regarding restricting debtors (and their guests, family members and renters) use of non-essential common facilities in line with Public Bulletin 20-11-2012 was approved. So, the new rule to restrict non-essential common services (pools, Wi-Fi & paddle court) to any owners in debt after the April/August payments will be enforced."

Are you now saying this is not legal to do this?????

Can Maria kindly confirm this procedure for us.

Thank You


mariadecastro said:
Monday, April 21, 2014 @ 3:23 PM

It is not legal.
Need to add that duties to meet payments are also essential to the good functioning of the community but, these drastic measures are not included in the Horizontal Property Act and, according to this study, where 4 out of 7 judges interpreted this way, are against Property Rights.


nigel188 said:
Monday, April 21, 2014 @ 3:53 PM

Maria

Despite what was said and laid down in the Public Bulletin dated 20-11-2012, have these Judges now ruled again this proclamation in 2012. Please can you investigate and clarify this matter for me.

Thank You


mariadecastro said:
Monday, April 21, 2014 @ 4:20 PM

Public Bulletin 20-11-2012. Please send it to me. I do not know what this is.
Cheers,
Maria



nigel188 said:
Monday, April 21, 2014 @ 4:49 PM

Hi Maria

I have found it using other Forum Posts in 2013.

http://www.boe.es/boe/dias/2012/11/20/pdfs/BOE-A-2012-14272.pdf

Cheers,

Nigel





mariadecastro said:
Monday, April 21, 2014 @ 5:24 PM

This is then the:

-2012 opinion of General Direction of Notaries and Registrars ( and on the registrability of the agreement) against the opinion of

-2013 4 Appeal Court judges

In any case, deffending the situation in Courts, Judges say the last word!





lamangaclub said:
Monday, April 21, 2014 @ 8:00 PM

in our community the water supply is included in the community charges, is it therefore as well not legal to turn if the water for those who dont pay? Thanks for your answer, regards, Rupert


mariadecastro said:
Monday, April 21, 2014 @ 8:17 PM

Dear Rupert:

Why is it water included in community charges? Are you under developers supply? Do you have First Occupation License?

Same answer: only legal effect of lack of payment is voting exclusion, so turning water or any other supply off is not legal, more if it is an essential element for living as water is.


nigel188 said:
Wednesday, April 23, 2014 @ 8:33 AM

Hi Maria

quote

When being explicitly asked by El Derecho ,4 out of 7 Magistrates concluded that this practise is not legal. These below are their conclusions: unquote

Please can you give me the Date and Edition and Title of this Article in the EL Derecho Newspaper so I can forward this link on to my Administrators for their Urgent Attention.

Many thanks

Nigel




mariadecastro said:
Wednesday, April 23, 2014 @ 11:16 AM

Nigel:

PLease email me externally so I can send to you the link to that article.

My email address is as follows: web at costaluzlawyers.es

Thanks
Maria


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