Community fee penalties

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14 Aug 2012 12:25 PM by johnfrith Star rating. 14 posts Send private message

Hello everyone. This is my first post. Hope everyone is well.

Just wondered if anyone had any advice on my situation. I had financial problems and couldn't pay my community fees for a while. I was trying to get a statement from the agent in order to settle the account when I got an email from the lawyer threatening legal action, and with a 10% penalty against each outstanding payment. I have since paid the base amount, but am contesting the penalties as they seem abusive. I also had been given no warning that they might be applied. I have not been invited to community meetings, or received minutes that the charges were being introduced, even though the agent has my email address.

Do I have to pay them? Thanks in advance.





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14 Aug 2012 12:42 PM by nitram Star rating in castalla. 175 posts Send private message

Go and see your Community President.Ask him for copys of previous meetings. Where is your main residance ? Spain or another Country, by law community letters only have to be sent to your Spanish Address., is there a community rule stating that Correspondence can be done via e-mail or not if  not you have not got a leg to stand on o´m afraid
 

It is the norm for a 10% charge  and no more to be added to your community fees if you don´t pay . so not abusive

Also if you don´t pay the fees the  community may could take you to court for outstanding fees and ask for a embargo put  on your property.

 

Nitram





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14 Aug 2012 1:21 PM by johnfrith Star rating. 14 posts Send private message

Thanks for you post nitram.

I do live in the UK, and I wasn't aware that the obligation was only to send to Spain, or that 10% is standard. :(

10% still sounds excessive, but sometimes you have to pick and choose your battles. Thanks again.





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14 Aug 2012 1:26 PM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

Karensun´s avatar

If your Community has agreed the fines my a majority at a properly conviened meeting then you have to pay.

It is your responsibility to find out about the Community rules.

That may sound harsh but that's the way it is.

If you don't pay and you are taken to court, you will loose. The Courts in Spain take non payment of Community fees and fines very seriosly.



_______________________
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