Is a community pool a "Luxury"

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03 Nov 2018 5:01 PM by Jarvi Star rating in Halifax UK and Sucin.... 756 posts Send private message

We own an Apartment on a community of around 150 Apartments. Yje community finances (mostly due to debtors) are only what could be considered dire. The community fees were always too low (due to the developer owning loads of apartments) and now the developer who was also president has stood down. The new administrators have increased the fees by 100% and asked all the owners if they would pay 100 euros to help the finances, we have done this without quibbling. However they had an AGM 3 weeks ago (which I couldn't attend). and decided the way to get more money is to charge 100 euros per year for use of the pool, (if you don't pay you cannot use it), as they deem it to be a luxury. As we only spend around 8 weeks a year at our Apartment and don't use the pool that often, we don't consider this to be fair, but sometimes we take family or friends who do use the pool daily when we are there. Is it legal for the Administrators to do this? When we bought the Apartment it was with communal swimmimg pool.

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04 Nov 2018 10:03 AM by johnzx Star rating in Spain. 5255 posts Send private message

In every situation I have been aware of, the use of a pool has been covered by the statutes (rules) adopted when the community was established.   If that permitted use of the pool without additional charge then that is the legal situation.

  If you check the copy of the statutes you should have (or ask the Admin for a copy) you will see the situation.   Then  'Explain' that to the Admin

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04 Nov 2018 12:40 PM by Jarvi Star rating in Halifax UK and Sucin.... 756 posts Send private message

Thanks John.I will look into it as per your suggestion.

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08 Nov 2018 11:30 AM by mariadecastro Star rating in Algeciras (Cadiz). 9354 posts Send private message

Legal Questions? Speak to Maria Direct

You also need to check how the Meeting was called, what was the voting rate...for checking on legality of the decission.


Maria L. de Castro, JD, MA



El blog de Maria

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08 Nov 2018 9:59 PM by Jarvi Star rating in Halifax UK and Sucin.... 756 posts Send private message

Thank you Maria. I will look into what you have suggested

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