Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

[Plain Jane]

Hello, I'm new to your forum and as JC asks, can debtors be stopped from using shared facilities eg. Swimming pool, TV reception etc? We have always been told that this is not the case, but have just found out that a new ruling would allow us to ban him. Is this the case? This is a member of our community who blatantly uses our pool even though he has never paid a cent into the funds for the last few years - we have a court action in process for debts - but we have no right to take the pool-key from him. Thanks for your help.

[June Barrie]

Our President (who was the developer of our building) has just resigned without any notice. He has acted as President, Secretary and Administrator for 10 years and is a lawyer. He does not live in the complex of 174 flats so is not around much.
There are 36 individual owners with only 30 paying, and there is 1 company who bought 42 flats and went into liquidation some time ago in UK. But they stopped paying community charges 3 years ago owing us thousands, because they claimed the President's company paid no community charges. He has says he has unsuccessfully the company with the 42 flats, but also said he had no money to take them to court here in Spain.
As his company owns 100 flats he provided cleaning and repairs, and pool maintenance and dedicated 4 people to this task instead of community charges. We are always struggling to pay lift maintenance and electricity bills. Despite my attempts to raise the fees, he always said no with his majority vote. He always called the AGM in the middle of summer when no English owners were here. We never saw any bills, he just produced an annual statement from the community bank account
His company did not pay for public liability insurance, no fire extinguishers have been checked since 2009 and his staff have dropped from 4 to 1 and today to 0. Repairs to water supply in basement are required on a regular basis, and the lifts fail as they were badly installed. We have negotiated a payment plan with them so get the 13 lifts serviced every month. But he is the only person who has access to our community account.
We got a quote last year from a professional company to run the place, but with no money coming from the President it was impossible to recommend raising the community fees by 4 times. He never published minutes of the AGM and refused to change rules He is the only owner who speaks Spanish all owners bar 2 are just holiday visitors.
Our pool was retiled by his workers, then some of us paid for the water. By the time the water was put in, 4 months later nearly all the tiles have come off. Children and others have had cuts on their feet, and we feel without new tiling water may escape into the restaurant below.
So we have changed the locks to 3 doors today as the renters disobayed all pool rules, and brought half the village into to use our pool meaning actual owners on hoiiday were upset as their children were bullied. He does not know we did this, but felt it was now necessary.
There is now no-one able to call an EGM as he closed down the community email. He rents out permanently without a legal contract to about 20 flats, taking 3 or 5 years in advance, and these English renters are worried about their position. The President was negotiating with bank to take back all his flats (100). The other company with 42 flats rents for holiday and permanent lets but have not attended an AGM for 3 years.
We have no money in the community account, nor any access to it anyway.
I have suggested, as 1 of the 2 permanent owners living here, that we need to club together and get a lawyer. 3 of us bought and changed the locks to the pool.
The whole complex is filthy, with garage lights falling down to the floor. As they are long fluorescent lights they could cause an accident to a car or even a person. We were told that 30 individual owners are now responsible for any claims for damage. Is that correct?
I gave up being Vice Present at last yearAGM last year as I was stressed as I did his job of handling all the English complaints
Our new Vice President has out of his own pocket installed a cctv camera for security because the renters always leave front door entrances open as only 1 key per flat is given and they are expensive security keys.
Sorry, to be so lengthy but I am stressed again, but half our committee are here on site and the others have agreed to the locking of the pool on safety grounds.

[Evon]

We have a first floor apartment in Benalmadena Spain and the spanish people living below have a private garden with a tree that is now blocking our views and light. It is not a protected tree as far as I am aware . I have written to the admistrator 3 times since the 1st July 2018 who have told me they have spoken to the people. In vain I am sorry to say! In desparation I took the i pad to show the lady our predicament. My spanish is limited but good enough to understand that she has no intention of cutting the tree shorter. Can she be enforced to do this ?

[Kathleen Callaghan]

I have two questions. An owner has let her property to prostitutes, carrying out a business is illegal in our community. at the agm it was stated this is not a business but an activity and is legal in Spain.
2. It was agreed at the agm to cover the community gates with a metal plate, an objection was raised after the meeting and the decision has been rescinded. What action can those if us who voted for the motion take.

[Pete Simpson]

Dear Sirs. We have happy Community of 50 linked houses which includes a Pool Area. A recent newcomer owner has unilaterally changed the design of his house and building an extension without the approval of Community Members. What action can we take to halt the building work ?

[Curlyt]

Hi, i have a property in Fuerteventura which i purchased in 2017. At the time of purchase there was no debt associated with the property and I pay my monthly community fees. Recently the community bank account was frozen due to a debt that originated from 2013. An EGM was held and it was agreed that all owners should pay an additional 500 euros towards the community fund. The community lost the court action and the money was taken from the account. I have not payed the 500 because it was not my debt. The commitee are now threatening to cut of utilities to properties that have not paid. Can they do this? The solicitor who dealt with my sale has stated that the debt from 2017 was not my responsibility. Any advise would be helpful.

[cherie]

we live on a urbanisation with communal pool. There is a resident who has time slot two mornings a week for 1 hour for Arerobics, and will not change their time slot for others swimming in the pool, claiming it has been this way for 7 years. Overpowering to say the least can this be changed.

[Tanya]

We have a community administrator that has no regard to health and safety. Alsatian dogs running around unleashed, pool fences unharmed or locked and she doesn’t respond to emails. How do I make a complaint against a community administrator?

[Tanya]

Sorry pool fence is not gated or locked*

[Etelford55@gmail.com]

Hi, my next door neighbour and myself extended our front porch by 1.2mts.
We gave administrators and president the plans at least 4 months in advance. Our president had informed wrongly that it is major building works even although the permit from the town councils states small building works. She is using proxy votes to take us to court despite the fact she has no problem with what we have done, she said legal action is because we didn't get permission. We had no chance of permission because she has continually emailed owners influencing them against us. She also used proxy votes to re-elect herself as president. This will be her 9th year. Is there anything we can do. She also held the AGM in the middle of the pandemic and the administrators stated at the start of the meeting on 19 April 2021, if the police came the community would be sanctioned. Can we have the meeting declared illegal and all decisions made null and void?
Kind regards