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31 Mar 2013 9:06 PM by anthomo16 Star rating. 104 posts Send private message

Hi, once again I need the help of probably Maria, we are 2 interlinking communities with 1 pool, the pool was built when the first community was finished, when the next comunity , I(ours) was finished there was an undocumented agreement that the second phase of 40 properties against 22 of the first community would pay 40/22 of the pool costs. Unfortunately this has now lead to a problem as the first community will not accept that we have an equal right in the running of the pool and only want us to continue with our 40/22 payments with no say. The pool is in dire need or refurbishment as is the surround and we are not willing to contribute whilst this is going on. We will pay our 40/22 with an equal say, no problem with that. However, our Lawyer has provided a document saying this and also that as we have been paying for 12 years have a right to use the pool, the smaller community do not like this. If they or we call an EGM does the vote have to be unianimous or is it the fact that if all know what is proposed and cannot be bothered to attend or send in a proxy then those votes count as a yes to the proposer?

Sorry for asking this but at the moment it is so important to us to any communtiies out there have the same problem?

Thanks,

Mo





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03 Apr 2013 10:02 AM by mariadecastro Star rating in Algeciras (Cadiz). 9364 posts Send private message

Legal Questions? Speak to Maria Direct

Anthomo16:

" However, our Lawyer has provided a document saying this and also that as we have been paying for 12 years have a right to use the pool"

Your lawyer is doing the right thing. The historical use of the pool makes law ( as and implicit agreement of the community) and therefore it does not even have to come under discussion again.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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