Unpaid Community Fees

[Unregistered]

Dear Raymundo,
Sorry to bother you again.
Fool that you probably think I am I am still trying to hold on to my home. The idea of moving 75 plants and 700 books does not appeal.
I am still being hasseled (sp?) by the community guards, but not always. They (bless them) recognise that the directive from the Community is illegal, but...I don't want to cause anyone to lose their job. I use the spa when the lights are on. I explain to my friends that the current arrangement is ridiculous, illegal, and not of my making. I meet them at the gate most of the time. Still, it's a bit too much to bear for 900 a month for a 2 bedroom apartment.
At the beginning of this month I wrote to the owners of the property with the attempt of coming to some kind of agreement over rent in view of the disruption to my tenancy. The original rent was 900. I was offering 700, but in view of their (landlord's stated) financial arrangements (and my desire to stay) am now offering 800. I think I am being more than fair in view that this is based on an unobstucted mountain view and little else (the apartments are nice but the finish is not so great and my absolute desire to avoid moving at all costs (I was initially promised a minimum of 2 years with the possibility of purchase thereafter) and little else. The cleaners are even leaving the corridor in front of my apartment without attention: honestly, as if I care? I have a broom. But how much for an obstructed view is too much? Especialy when there are 3 bedroom townhouses out there for 700? I know, you have told me: but you haven`'t seen my view!
You probably think I am a fool for hanging on, but there is a lot of difference between "rented property" and home. This is my home and I (did/do?) love it. I am not someone to give up easily and I think I have been more than fair.
I have just realised that I have ranted on without a question. Forgive me.
I guess it is this:
I am paying the rent. It is less than what we agreed on initially, but the circumstances have changed and the initial rental agreement is worthless. as the landlords have not paid the community as was guaranteed in the original "contract". What are the possibilities of him getting me out, and I realise that there is a long distance (discrepancy between the law and how you can interpret it: www.headstartlearningcentre.com)and how it will be observed given the present court backlpog.
How long do I get to be left in peace?
Tracy Saunders
www.pilgrimagetoheresy.com

[Lawbird Lawyer]

Dear Tracy,

There is post from a landlord on this thread which bears the same problem as yours only from the opposite perspective.

I think you should check what they've written and my reply, who knows, it might be your landlord after all...

http://www.marbella-lawyers.com/foru...111&page=10#91

My reply on the above thread is applicable to your post above.

I understand your plight, which is becoming fairly common, albeit at no time can you decide out of your own free will to lower unilaterally the rental payments to offset any grievances caused. You must continue paying the agreed €900 as per the binding contract you signed.

However, you have two options in my opinion:

1. You terminate the contract ahead as the landlord has breached his obligations. A compensation may be in order.

2. You continue the rental but you both come into an agreement whereby the let is reduced by €200 a month, for example, because of the grievances caused to yourself out of no fault of your own. Such an agreement will have to be in writing and added as an annex to the Tenancy Agreement dated and signed by both parties.

What you at no time can do is remain within the property and pay less without having reached an agreement with the landlord. Otherwise you are likewise at fault and can be legally evicted at your expense by the landlord.

I hope the above clarifies your legal position.

Btw, is "Capanes del Golf" that beautiful development on the road to Benahavis perched atop a mountainside with wonderful seaviews boasting its own lake?

Regards,
Raymundo LarraÃ*n Nesbitt

[Unregistered]

Hello, I have been renting a property for about 2 years now and have always paid my rent on time into the owners bank account. Last week I received a letter from the solicitors of the community sent recorded delivery addressed to me saying that my landlord owes over 5000 in community fees and that I should pay the rent directly to them. My landlord will not answer any of my calls or emails. My property was rented unfurnished so I own everything in it and I am happy here. The community have said that I wont be able to use the facilities, although the rules say nothing about this, unless I pay directly to them. I am really worried as I dont like lawyers coming after me. I am also not happy about paying the rent to them as surely I would be breaking my contract with the landlord. Any advice on what I should do would be appreciated.

[Lawbird Lawyer]

Dear Sir or Madam,

Obviously you have no contractual relation with the Community. If you pay them instead of the landlord your landlord will have a just cause to have you evicted from the property.

Unless in your Teanancy agreement it is specified that you must pay for the Community fees it should be your landlord that does.

As in many other dvelopments post credit crunch, landlords are falling behind and their tenants suffer as a result as they are barred from using the communal facilities because of non-payment.

Perhaps it's time for you seek another let in which the landlord hopefully does pay the community. You will be spoilt for choice.

Yours faithfully,
Raymundo LarraÃ*n Nesbitt

[Cassandra]

Dear Raymundo,
I have written before to you on this same subject but have been unable to recover my Forum name so one Greek goddess being much like another have re-registered under this one!
First, yes the urbanisation in question is Capanes del Golf and it is the one you are thinking of. I love it and it is my home, but the problems continue, albeit in a different way...
I have managed to remain here and for months things have calmed down. However, apparently there is another new faceless "community organisation" and security guards have been told "anyone not having a mando can not pass into the premises".

Now obviously this is nonsense as vistors, ghueasts and tradespeople do not have mandos, but logical reasoning has been somewhat in short supply here for some time.

The owners of the property have been to court and, I am told, have been paying the Community fees although I am not sure what the situation is regarding the 4,000 euros areas and no-body is telling me the truth. The number of my block/apt has never been taken off "the List".

On Tuesday morning, a relief guard tried to stop a friend of mine from leaving the urbanisation "because she didn´t have a mando"!

I am livid! I live at least a half kilometer from the entrance, probably more. I presently suffer from an injured hip and knee, but the other evening I was told that without a mando I wouldn´t be allowed to pass with my car! Other friends have found the interim guards extremely rude, and as I have said a close friend and frequent visitor was told she could not leave! At one point my daughter with a newborn baby was told to park outside. My daughter told them exactly what they could do!

I am a psychologist, not a lawyer, but to the best of my knowledge this is considered unlawful confinement (just let them try to deny ME exit) and is a criminal act. As for not allowing access to the urbanisation - and my home - I am almost certain that this too is an illegal practice, both for me and my invited guests. Most of the time I have my mando (although at one time some tenants were told in a notice that the security code was to be changed and that they had to apply for a new one. Those with the "new" code found it did not work and had to park outside. This is very large development covering many hectares.)

What are my recourses? If it happens again am I in my legal rights to call the police?
After all this I refuse to move, I pay my rent regularly and on time and am sick and tired of what I can only term HARRASSMENT.
Please can you confirm that this type of behaviour on the part of the security company (and instructions issued by the Community to do so) is illegal?
TS

[Cassandra]

With tregard to the above, I have just been informed that satellite TV was cut off during the month of September while I was away. I have paid in full (and had to wait 6 months for) my satellite contract.
One more illegal act I think.
I see no reason why I should move. What else can I do to stop this urbanisation, Capanes del Golf, from continually commiting illegal acts in order to harrass rent-paying tenants?

[61popp]

With tregard to the above, I have just been informed that satellite TV was cut off during the month of September while I was away. I have paid in full (and had to wait 6 months for) my satellite contract.
One more illegal act I think.
I see no reason why I should move. What else can I do to stop this urbanisation, Capanes del Golf, from continually commiting illegal acts in order to harrass rent-paying tenants?

Hi Cassandra,
As I am interested in purchasing an apartment at Capanes but hearing at the same time about all these troubles within the community would you be so kind to pass on the contact detail of the community administrator offices? Many thanks.

[61popp]

Hi Cassandra,
As I am interested in purchasing an apartment at Capanes but hearing at the same time about all these troubles within the community would you be so kind to pass on the contact detail of the community administrator offices? Many thanks.

Sorry my contact e mail is popp61@hotmail.com. Tx