What Power do the community Magament have

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06 Jul 2019 09:37 by Fhanrah Star rating. 31 posts Send private message

I'll keep this very simple, 2 owners in the same community complex are not getting along, 1 wants to report the other to the managment company, fair eneough. But what power does the managment company have when it is 2 owners in dispute. Its noisey teenagers in the community pool area 

 





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06 Jul 2019 10:04 by perrypower1 Star rating in Derbyshire/Fuerteven.... 621 posts Send private message

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Generally none.  If it really is a noise issue the Local Police are the people to call as they are responsible for noise complaints.

You cannot prevent one home owner from using the pool area becasue someone else thinks the kids are too boisterous.





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06 Jul 2019 11:22 by Fhanrah Star rating. 31 posts Send private message

Thats what I thought, I watched yesterday and all I saw were a groupe of kids haveing alot of fun, signing, laughing and been loud, They dont appear till about 2O'Clock and are gone by 5. God some of the evening parties that go on would put the kids to shame. I feel there is a clash of personality between the owners

 





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06 Jul 2019 11:49 by lobin Star rating. 231 posts Send private message

The administrators (management company) has no power over the behaviour of owners in the swimming pool. They cannot prevent owners from using community property.  The Police will normally intervene if the legal decibel maximum is exceeded at nightime.  However, the decibel maximum during daytime is very high and will normally not be exceeded by playfully loud teenagers, in which case, there is not much that can be done.





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06 Jul 2019 12:21 by angeleyes1 Star rating in Camposol & Skegness. 271 posts Send private message

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The management company have no law enforcement powers; they cannot legally carry firearms or make arrests.



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06 Jul 2019 14:56 by acer Star rating. 1260 posts Send private message

True they have little power but they will have influence with the Police, if they are involved.

We own a property on a very Spanish urbanisation where the internal rules ban the use of the communal swimming pool in the early afternoon, for the benefit of the locals having a siesta.  We tend to ignore it, along with others, but also ensure that any guests we have know to keep the noise down for that period.

If the community rules are breached and a complaint is made to the Police I believe they are entitled to issue a fixed penallty fine, not that I've ever seen this happen.





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06 Jul 2019 16:38 by Fhanrah Star rating. 31 posts Send private message

The rules around the pool inrelation to noise are no radio and pool hours are 09.30 to 21.00 for the months of july to september, I think there is more going on and one resident is useing the nosies as a excuess.

 





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06 Jul 2019 17:45 by angeleyes1 Star rating in Camposol & Skegness. 271 posts Send private message

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I am not aware of any government statuary laws in force regarding the time pools can be used. I am also not aware that any person has more influence with any Spanish government law enforcement office than another. Spain is a democratic country where all members of the public should be treated equal and that includes Captain George Mainwaring of the management company with his own little rule book and box of crayons.

The Spanish police have no interest or jurisdiction over what colour a community member paints his garden gate.



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07 Jul 2019 01:31 by hugh_man Star rating in Kent/Roda . 1525 posts Send private message

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Sorry Acer but Communities cannot legally levy fines for non compliance of Community rules.

They can’t even charge an admin fee for sending 1 or more warnings to the transgressors.

The Community May have rules relating to antisocial behaviour but only the police, if they can be bothered can influence this.





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07 Jul 2019 09:23 by lobin Star rating. 231 posts Send private message

Hugh man is absolutely correct.  Communities and:or their administrators are not empowered to levy fines for transgressions of rules. 

Many communities have the levying of fines in their bylaws but they are legally unenforceable if the owners choose to ignore the rules.

 





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08 Jul 2019 12:53 by mariadecastro Star rating in Algeciras (Cadiz). 9163 posts Send private message

Legal Questions? Speak to Maria Direct

The intrenal rules of every community can regulate aspects such as expected behaviour in communal areas and its corresponding sanctioning mechanisms ( always provided these regulations are in accordance to Law, uses and general principles of Law).



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09 Jul 2019 01:29 by Roberto Star rating in Torremolinos. 4420 posts Send private message

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All very interesting, but at the end of the day, if two owners don't like each other, I'm not sure what business it is of anyone else, or why any other neighbours, or the president, or the administrator, or the police, would want to get involved. Unless other owners are also complaining about the behaviour of the brats around the pool, I would just leave them all to it to fight out amongst themselves. 

Or are the kids actually yours, Fhanrah, and you're just checking to make sure the enemy can't do anything official against you?! surprise



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09 Jul 2019 10:58 by Fhanrah Star rating. 31 posts Send private message

Well Roberto,


Thanks for your insight, while I have Children, these CHILDREN are not mine nore or they BRAT'S, I'm guessing you skipped puberty and went straight to been an old fart and never new what it was like to have fun. Also, No I'm not part of the two enemies {how stupid a comment} but was asked by one of the parties involved the question, for which I couldn't answer. So I came here to ask for a reasonable reply which has been provided. I looked to see how I could turn off comments but the function doesn't seem to be available. While not useful thanks for your reply. 





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09 Jul 2019 21:03 by Roberto Star rating in Torremolinos. 4420 posts Send private message

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I apologise. It was a foolish attempt at a bit of humour, and probably also borne out of frustration at the number of times neighbours have come to my door expecting me to adjudicate in similar petty squabbles because I have the dubious honour of being the president. Although it was only meant tongue in cheek and not intended to cause such offence, my choice of word for the children was ill-advised. I should simply have stated that the management company's role is basically an administrative one, and they have no power to intervene, nor are they likely to want to get involved in such disputes. If the one party is threatening to "report" the other, I wouldn't worry about it; it will come to nothing.

Again, please accept my apologies for offending you.

 

 



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10 Jul 2019 08:16 by Fhanrah Star rating. 31 posts Send private message

Thanks you and apology fully accepted  





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