Is it legal?

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18 Mar 2012 12:00 AM by sugarbabe Star rating. 2 posts Send private message

 


If one has a small communidad debt - well under 400 - and the Administrator - the dodgy Fuerteventura one mentioned many times on other forums! - refuses to answer emails AND The president does not like this owner - duh! - AND has banned them from the Community Forum for asking questions about the afore-mentioned Administration company AND now a general announcement (which this person didn't get because Pres. refuses to send them any community emails as well) - proclaiming that anyone with a debt will not be allowed access to the pool or pool area!

To recap - 
1. An owner has small debt - Nobody will talk to them about it so it can't be sorted. Can the President legally ban anyone from using the complex pool for this or any other reason? (It is not covered by statutes or community rules.) 

2. Would also be interesting to know if it is illegal for Pres. to ban an owner from the Community Forum when the cost of maintaining the site comes out of the communidad payments.

3. It would be handy to know if there is any way access can be gained to financial information or updates on how owners money is being spent beyond that which is issued by Admin Co. at yearly AGMs? 

Would be grateful for any advice. Thank you.




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18 Mar 2012 4:08 AM by rockinrodders Star rating. 81 posts Send private message

Surely there is some way to settle the debt. Can't you find out how your neighbours pay theirs and do the same? It is not that difficult and if you were serious about settling your debts you would find a way to pay up to date. I would suggest a phone call with your debit card number handy would have the debt settled in 2 minutes. I managed to find the phone details, contacts and info for my community's administrator and pay my community fees from 5000 miles away.and our community admin is very difficult to get hold of also.

Sorry if that sounds harsh but that way you could save yourself and your neighbours a great deal of legal expenses. The administrator/community would obviously have to raise the community fees to pay legal expenses to defend any actions such as these so that would be to the detriment of the whole community.

If you haven't paid the fees because you cannot afford to pay the fees then again, try phoning with an offer to pay what you can afford and offer a plan to catch up the dues gradually. I am sure they will not ignore you if you are offering to pay.

And no I'm not connected to any administrator or anything like that, I don't know where you live but I do know that all communities in Spain and elsewhere rely on all of their members/owners to pay their dues as they all have a budget for expenses based on the expected revenues they take in fees. When people stop paying their fees the properties stop getting maintained and everybody loses out.

If I don't pay my gym fees on time I'm not allowed to use the gym, if my golf membership is not paid, then I'm not allowed to use the course. It seems logical that community members who refuse to pay their community fees should not be allowed to use the community facilities.

If you have a  copy of the community rules, I'm sure it will mention that community facilities are for the use of community members. I think by you refusing to pay your dues you are sacrificing yourself as a member of the community. The community members who pay their dues are contributing to the pool, grounds and to the forum/website upkeep etc and so are entitled to use them, anyone refusing to pay should not be allowed, the same as I'm not allowed allowed to swim in your pool or join your forum because I don't contribute towards it.

If you genuinely believe your community/admin etc is corrupt then get some proof, do your research and report it. If you suspect fraudulent practices then that is illegal, so should be reported to the police.





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18 Mar 2012 5:59 AM by johnzx Star rating in Spain. 5242 posts Send private message

I know I will be corrected if I am wrong, but I believe one can be excluded from voting etc at an AGM if you are a debtor.   I have seen it done many times.
 
On the point of who pays if a debtor does not. Although again people say it takes a long time at the end of the day if court action is taken to recover say community fees then costs are also awarded and of course the asset, the property, can be embargoed to meet the payment.
 
If one owes then it’s lot easier and cheaper to pay up.





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18 Mar 2012 8:41 AM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

Karensun´s avatar

Under Spanish Law a debtor CANNOT be banned from anything Communal except for voting. Owners with arreas can attend all meetings and can voice their opinions but CANNOT vote.

The Community, Administrator or president CANNOT legally ban a debtor from using any Community facility, that is the Law.



_______________________
  ' Do unto others as you would be done by'
   
         Now a non-smoker !  



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18 Mar 2012 9:16 AM by Irene&Alan Star rating in Formentera del Segur.... 701 posts Send private message

Irene&Alan´s avatar

Although it is illegal (Karen I know you´re right!), I also know of communities where non-payers have been banned from using the pool for example. If they object, they have to take legal action which, as we know, takes years and years, so it normally doesn´t happen.

The problem is... how do you keep them out? The community that I am using as an example, hired a lifeguard for the summer because the children were using the pool without supervision and being very reckless. The lifeguard would only let people in who had authority from the president. However, if your pool is ungated, then you´d obviously have a problem keeping residents out.

Irene





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