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Urb community fees

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Posted: Thu Aug 8, 2019 10:25am
10 replies883 views9 members subscribed
NickyM123

Posts: 2

Location: Gran Alacant

1 helpful posts

We are renting a property on a long term contand have access to the swimming pool. The owner has not paid the community fee and our access has now been stopped to the pool. Where do we stand with regards negotiating the rent as we obviously signed the contract on the basis that we have a pool we can use. Thanks

Nakabandi

Thu Aug 8, 2019 11:03am

Posts: 112

Location: La Marina

44 helpful posts

Posted: Thu Aug 8, 2019 11:03am

Hello Nicky hope you are well

The problem here is that there are laws and rights for almost everything in Spain, but enforcing them is nearly impossible and can be very costly in legal fees. I would stop paying the rent as the contract has been broken, also consider moving.

Good luck.


Movingon

Movingon

Helpful member

Thu Aug 8, 2019 11:57am

Posts: 617

Location: Albatera

347 helpful posts

Posted: Thu Aug 8, 2019 11:57am

Why not find out how much the community fees are then pay them and reduce the rent accordingly? 

Jamie Mac

Thu Aug 8, 2019 1:46pm

Posts: 204

Location: Torrevieja

29 helpful posts

Posted: Thu Aug 8, 2019 1:46pm

I would agree with the other comments but i would also speak politely with the President and possibly the administrator and ask the question is it legal for them to deny your family access to the swimming pool?  I think it is illegal what they have done.

Kimmy11

Kimmy11

Super helpful member

Fri Aug 9, 2019 3:40pm

Posts: 1456

1674 helpful posts

Posted: Fri Aug 9, 2019 3:40pm

Hi Nicky,

I'd start with the owner who you're renting from - it could be an oversight on their part. 

Is use of the pool and other communal facilities included in your contract with the owners?

I wouldn't stop the rent - two wrongs don't make a right in law, especially in Spain - but I agree it's worth finding out how much the annual community fees are, pay them (if it's only one year outstanding), divide the cost by the number of months rental you have left and then deduct that sum from the rental each month.  Most importantly, put that proposal in writing to the owner, before doing it - and check with the community president and/or administrator that your access will be reinstated if you pay the outstanding fee. 

In reality, you probably only have 6-8 weeks left to use the pool anyway, so probably not worth giving yourself the headache of finding alternative accommodation (especially in high season), if you can come to an amicable agreement with the owner.

Good luck!

Kind regards,

Kim

Brido

Sat Aug 10, 2019 11:30pm

Posts: 31

Location: Algorfa

7 helpful posts

Posted: Sat Aug 10, 2019 11:30pm

IMHO the President is totally right here as although not the tenents fault they should take this up with the landlord I only wish the President of my residence would take this stance legal or not 

Dianem62

Mon Aug 12, 2019 10:06am

Posts: 103

Location: Almoradí

15 helpful posts

Posted: Mon Aug 12, 2019 10:06am

We have quite a few tenants who do not pay the community fees, our admin have informed me under Spanish

law they still have the right to use all the facilities;   

"The Horizontal Property Law states that ALL owners and tenants can use all the facilities of the community

whether they are debtors or not.  This is what the  Horizontal Property Law says now and always has done". 

Taken direct from a response I received.

Nakabandi

Mon Aug 12, 2019 10:32am

Posts: 112

Location: La Marina

44 helpful posts

Posted: Mon Aug 12, 2019 10:32am

Dianem62 wrote on Mon Aug 12, 2019 10:06am:

We have quite a few tenants who do not pay the community fees, our admin have informed me under Spanish

law they still have the right to use all the facilities;   

"The Horizontal Property Law states that ALL owners and tenants can use all the facilities of the community

whether they are debtors or not.  This is what the  Horizontal Property Law says now and always has done". 

Taken direct from a response I received.

Hello Diane hope you are well

I am sure you are correct but I do not understand the objective of this part of the law.

If no one paid community fees there would be no facilities to use.

Have a good day.


NickyM123

NickyM123

Original Poster

Mon Aug 12, 2019 10:36am

Posts: 2

Location: Gran Alacant

1 helpful posts

Posted: Mon Aug 12, 2019 10:36am

That’s really helpful. Thank you for this. Will take this further. 

Nicky

Dianem62

Mon Aug 12, 2019 10:43am

Posts: 103

Location: Almoradí

15 helpful posts

Posted: Mon Aug 12, 2019 10:43am

Hi, I was referring to one owner/resident not paying, not the whole community.  Have been informed if this is the case they are still entited to use all facilities.  

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