COMMUNITY CHARGES ON COMPLEX

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20 Apr 2008 12:00 AM by JANITA Star rating. 6 posts Send private message

Can anyone tell me if the president  of the community can take money for our charges out of our Spanish bank account without asking or notifying us? That is what is happening , we were astounded to get a statement from our bank stating they are taking a monthly fee from our account , this surely is illegal! We knew nothing about it. Is there a rule that you must pay monthly? How would they know our bank details if we have not given them? PERHAPS SOMEONE COULD ENLIGHTEN US.



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21 Apr 2008 12:02 AM by deniseatnycs Star rating in Sol Golf Nr Villamar.... 136 posts Send private message

deniseatnycs´s avatar

Hi Janita and welcome to the wierd and wonderful ways of Spain.

We had the same situation on our Urbanisation when we first became a Community of Owners four years ago.  You will find that it is the Administrators of your Community who are taking the money not the President, so please be gentle with him/her when you meet.  Saying that I hasten to add the Administrator is collecting the fees for your  Community by any means available to them, which many Communities would envy!

Even though we (my partner was the first President on our Urbanisation) paid our first Community charges in cash as soon as the Community was formed, we discovered when we got our bank statement that the then Administrator had taken the fees again from our account without our permission.  When we queried this we were astounded to be sent by return email a full list of owners name and their U.K. / Ireland/Spanish addresses, their passport numbers phone numbers and their Spanish bank account sort codes and account numbers.  Needless  to say we informed all our owners about this situation and destroyed the information BUT we had been sent this information by a man (the "Administrator")  who has met us once and had no idea if we were honest people or not!

It would seem, and  maybe someone else out there has been in the same situation, that the builder has all your bank, passport, address etc., details from the agent and he passes them on to the Administrator.  It seems to be the done thing in Spain for any one to take what they like from your account and you have to stop the payment within 21 days if you think it should not be paid out!  (again I stand corrected if I am wrong).  I have never signed a direct debit form here and money dissapears from my account on a daily basis.  Although I have to admit that I have now worked out where it is going and why!

The only saving grace in this situation is that they money needed to be paid and you have probably saved being "fined" or named and shamed as it would seem that you did not know that these charges were due.  There is a lot of information on this excellent site about Communities, Community fees the role of a President, Administrator etc and most of them can be found under the title Owning a property - Running a Community or just put your query into the search facility.

To answer the query is it a rule that you have to pay monthly ? you need to see past minutes from your Communitie´s Annual General Meetings (A.G.M.) or Emergency General Meetings (E.G.M.)   Ours is relatively low and owners pay one year in advance with a ten percent discount for payments made in the first 12 weeks after the A.G.M. Payments are then at the normal rate for the next 12 weeks and then there is a twenty percent fine/penalty added for payments made after this date.  All these rules were made at the A.G.M. ´s or E.G.M.´s by majority vote of the owners (i.e. not the President)

 



_______________________
Denise



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21 Apr 2008 12:47 AM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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Denise is quite correct, and it is something which seems quite alien to us Brits - especially in light of all the fraud that is committed these days - but anyone who has your bank account details seems to be able to help themselves, and it's up to you to check your statements and stop anything you disagree with! (we were told you have 15 days) I was told once that this only applies to insurance and car rental companies and hotels, but patently this is not true.

The administrator has obviously obtained your account information somehow, possibly from the builder / developer. But as Denise says, many communities would envy this arrangement, because at least it means fees will be collected on time. You may have a choice of whether to pay monthly, quarterly or yearly. The administrator and/or president can advise you.

 



_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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21 Apr 2008 12:25 PM by orda Star rating in Manilva Heights. 203 posts Send private message

orda´s avatar
I agree that nobody should have access to anyone's bank account without that person's knowledge, or permission, but as far as some people go they deserve it.  At the risk of repeating my post on the Manilva Heights message board, our urbanisation has about 40 properties which have their licence and have been sold.  Out of these only 9 of us are paying our community fees.  There are also 40+ other properties without their licence of which the developer promised to pay the fees until they were occupied.  To date he owes the community €9000.  I bet the administrator doesn't have his bank details!  Name and shame the leeches...ALL OF THEM, REGARDLESS OF STATUS OR EXCUSES!  These same creeps will still expect to use the swimming pool, etc, though won't they?



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