Extraordinary community fees

Information and questions about the Law in Spain and Andalucia.
KerryBlue
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Joined: Mon Jan 05, 2009 12:02 am

Extraordinary community fees

Postby KerryBlue » Fri Apr 30, 2010 6:30 pm

My administrators are demanding extraordinary community fees top of what I already owe for the reopening of a swimming pool for 3 months of the year. As at the moment it has been operating without a proper license. Apparently there is need for major work as well as the license this fee is 500 euros is payable within the next few weeks. Is there any obligation to pay it as it is an extraordinary fee on top of the normal fee. Has this got to be obeyed or is it down to my own discretion?

Also have you had a good experience with a real estate agent in the Estepona (Arena Beach) area for sale or rental?

Jool
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Re: Extraordinary community fees

Postby Jool » Fri Apr 30, 2010 6:34 pm

I don´t think this is optional, I think all community rules have a clause allowing them to make extraordinary charges for certain works but they have to give you a certain time frame within which to make payment. Sorry!

Paula
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Re: Extraordinary community fees

Postby Paula » Fri Apr 30, 2010 6:45 pm

Jool is absolutely correct, there is no option on payment. This can happen from time to time within communities whereby major unplanned works are necessary and money has not been budgeted for it.

Parilla
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Location: San Pedro de Alcantara

Re: Extraordinary community fees

Postby Parilla » Sat May 01, 2010 8:44 am

I think Jool and Paula are quite right, there is no option. However, the decision to undertake the works to the pool, and to levy the additional cuotas must be previously agreed at an AGM or EGM, by a majority of owners.

KerryBlue
Tourist
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Joined: Mon Jan 05, 2009 12:02 am

Re: Extraordinary community fees

Postby KerryBlue » Sat May 01, 2010 12:22 pm

Thank you for your prompt replies. I thought as much and yes there was an EGM but I'm interested in Jool's remark about the time frame. They've notifed me four days before they want payment so I'll look into that. Cheers.

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pigs-might-fly
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Re: Extraordinary community fees

Postby pigs-might-fly » Sun May 02, 2010 9:36 am

Yes - the extra fees are lawful, but the maximum total which can to be charged to an individual owner of one dwelling is limited by law to the sum of three months normal fees. (Article 10, para. 2 of the Law of Horizontal Property).
If the total requested is more than this the owner can refuse to pay it!
Spanish courts have ruled that a dissenter cannot be deprived of the use of the improvement, even though he does not pay for it.

From "You & the Law in Spain" by our forum "leader" David Searl - to whom acknowledgements!

As an aside it is also not legally possible to bar a non-paying owner of community fees, from any of the community's facilities - including gardens & pools: VERY unfair and I have heard of determined communities changing locks on pool & garden accesses each year, with keys only being given to members who have paid their fees.
Still NOT lawful, though.
Location: The Dukeries.

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DavidSearl
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Location: Mijas

Re: Extraordinary community fees

Postby DavidSearl » Wed May 05, 2010 12:04 pm

FROM DAVID SEARL

FOR KERRYBLUE

First, thanks to Pigs-Might-Fly for doing my job for me. I note that he refers to me in quotes as Forum "leader". I shall change it to Forum "follower".

That is the law, KerryBlue. Also, as pointed out by other posters, the Administrators do not "demand" a payment from you. The Community, voting in the AGM, establishes payments. It sounds as if this sudden and large payment will have to be worked out over time with the members.

So, to answer your original question, yes, it is down to your discretion.

Good luck with it, David Searl
You and the Law in Spain


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