mariadecastro

Hi Maria, can you please offer some advice here;

Down at El Pinet we are still awaiting site completion and COH.  You will be aware from threads below that the residents have decided to pay for their services (water and electricity) rather than challenge San Jose to pay them.

Last year a few residents called a meeting and formed an ad-hoc community.  At this meeting they decided to pay €70 towards services and €20 towards Community fees each month.  They also decided that non-residents (like myself) would pay €40 plus €20 per month regardless of how much time they spent in Spain.  Unsurprisingly there were many defaulters and so the committee opted to spend all of the services fees and then all of the community fees on their water and electricity bills.  This still left them in debt.

They have since discovered that their committee was illegal (too big) and disolved it.  The same few residents (18 owners out of several hundred) called an EGM to elect 3 smaller committees comprising of roughly the same people.  They have now decided to change the community fee payments to €90 for residents and €60 for non-residents.  It is their intention to spend the community fees to pay for all their services.  They also appointed an Administrator who is threatening non-payers with legal action if they do not submit to their payment demands for the past year (when the committee was not even a legal  entity).

I am really concerned at the way this is developing as I am unable to visit my property very often due to ill-health.  I  have not been to Spain for almost 3 years yet I am now being told to pay over €500 for water and electricity which I have not used.  I understand my responsibility towards community fees and I have paid these in full, although I believe it is unfair that these have been spent on subsidising services for the residents.

Can this be fair?

Can you please advise me on where I will stand if I do not pay these fees.  I am now receiving official demands from the Administrator and I am extremely concerned that I will end up in a court which I cannot attend.

Hi disenchanted,

There is lots of info on EOS on running a community and the following link should get you started:-

www.eyeonspain.com/spain-magazine/horizontal-laws.pdf

You can also  search for the answers  if you click the 'Search EOS' text at the top of this page (it's under 'COMMUNITY') .

One thing I do know about community fees is that the amount each member pays is calculated on the size of their property as a percentage of the total community (habitable area including terrace or patio) irrespective of whether   they are resident or non-resident. Residency status has no bearing on the charges if you use it one week per year or 52 weeks per year the fees are the same.Similarly, apartment blocks with lifts usually ALL pay towards the maintenance of the lifts-even those people who live on the ground floor.

The fee each owner is charged is worked out as a percentage of the total costs to run the community. I.e., if your apartment  works out at 12% of the total habitable area of the community, then you will be liable for 12% of the running costs.

Personally I would not be paying anyone anything until the community was properly set up and registered.

Until Maria comes along, probably on Monday and usually very early, I hope I have answered some of your questions and pointed you in the direction of some additional information.

 I cannot see the legal standing of that  community to impose the payment of the fees to all owners as you  said it was formed by 18 members out of hundreds. Was there a written agreement? Can I see it?

Hi Maria,

Thanks,

disenchanted

No legal at all.

M