Owner not paying yearly community fee

Information and questions about the Law in Spain and Andalucia.
swerve
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Owner not paying yearly community fee

Postby swerve » Fri Jun 21, 2019 4:59 pm

Good afternoon. We have an owner that refuses to pay the community fees. We have a person moving in and renting. We have a communal swimming pool. Can we deny the rental from access to the community pool. Has anyone else had this same situation arise. If so what if any are our options as a community of owners. Thanks
It always seems imposible until its done. Nelson Mandela

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fincalospinos
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Location: Caleta de Velez

Re: Owner not paying yearly community fee

Postby fincalospinos » Sat Jun 22, 2019 7:46 am

If you are a community regulated by the Horizontal Property Law, you do have some recourse.

If someone fails to pay community charges, they can be taken to court to recover the amount together with court costs and interest.
There is now a more streamlined way of achieving this, which your community administrator or President should be aware of.
Whilst in arrears, they can attend community meetings, but will not be able to vote.

The HPL does not specificaly allow a community to deny access to facilities whilst in arrears, however, this can be overcome by inserting a clause within your community byelaws. To insert such a clause, it is necessary for it to acheive a majority vote at either an AGM or EGM.
You can deny access to certain elements, pool, sports facilites etc, but not water or electricity.
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Parilla
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Re: Owner not paying yearly community fee

Postby Parilla » Sun Jun 23, 2019 7:26 am

Our community has been in exactly this situation and it became clear that irrespective of the HPL, it is virtually impossible to prevent an owner or their tenant from using the pool (or any other community facility) if they wish to use it, other than by committing some criminal offence ourselves.


Parilla

yagosuar
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Re: Owner not paying yearly community fee

Postby yagosuar » Wed Sep 18, 2019 8:03 am

In my community the situation is absolutely mad. There are several families owing years of community fees. Is there no way of bringing them to court? Or is it just not worth it?

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fincalospinos
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Re: Owner not paying yearly community fee

Postby fincalospinos » Wed Sep 18, 2019 8:37 am

At the next AGM, it can be prposed that non payers should be taken to court to enforce e payment. This needs a majority vote of those either attending the AGM or reresented by proxy. The Community administrator or President can then set this in motion. There are a number of lawyers who are able to advise and carry outthe procedures. It can take a while, but the process has been simplified in recent years. As to whether it is worth it depends on the total amount owed. A lawyer will advise.
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yagosuar
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Re: Owner not paying yearly community fee

Postby yagosuar » Wed Sep 18, 2019 2:21 pm

Thanks for answering. In this case, out of 24 flats, 4 families are owing from €4,000 to 5,000, which I find outrageous. I can't understand why the administrator hasn't done anything about it.


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