CHANGES TO FACILITIES

Get legal advice, starting with a Gestor. I can recommend Uma from https://www.getlegalinspain.com/ 

I am on the understanding that Torrevieja town hall has a foreign residents help office based at the Pangea office in the park pavilion on plaza capdepon near the waterfall  along/opposite the port area. email [email protected] telephone 965705243. also check out 

www.supportinspain.info

Have a good read if successful and they may be able to help if there still up and running. Apologies if information is wrong. Good luck and remember to use the disability issues to your advantage and not the value/money side. 

That must be alarming to hear Steve. Good advice given by the posters above.

It is a legal requirement for blocks of apartments and other communal living areas, eg urbanisations, to be formed into a Comunidad. Each property pays Comunidad fees based on the square metres it occupies - this is referred to as Cuota. Each Comunidad must elect a President. Every Comunidad must have an AGM and each owner must receive a copy of the proposed date, the Agenda, and subsequent minutes (even if the meeting is held in Spanish language)

A decision to dispense with a service as important as a lift would require a proposal to the AGM and would require to be carried by majority vote. Only at that point can the President instruct the Administrator to carry out the decision. Remember the Administrator does not run the Community, the Owners do. Administrators can't act just because one or more owners rang him to suggest a cost cutting scheme.

You said in your post that "it is proposed" so it's important you follow the good advice quickly and get this blocked until it can be discussed and voted on. Unless of course it has been and you weren't aware of the meeting and the vote. 

Good luck with your enquiry, I hope you'll keep us posted.

Kind regards

Steve

Just a footnote...

If you haven't seen the minutes from the AGM hopefully whoever you instruct on your behalf (getlegalinspain are heavily recommended here) will request the minutes to see if this has been discussed and voted on. 

An important point is that Presidents can't decide to do things unilaterally. There have been many cases documented where "the President decided to do x y or z" but was found to have acted outside their remit. In reality and in Law the President can only spend money that has been allocated in the previous year's budget and a President can definitely NOT decide that a block will remove a lift. 

The matter is subject to the jurisdiction of Horizontal Property Law, incorporated into the Spanish Statutes. I have a copy in English if you would like it but your representative will be aware of everything that it protects.

Good post Dinnerout, re Horizontal Law, I also have a Spanish property owners community handbook by David Searl, he writes each week in The Euroweeklynews under the heading Legally Speaking and you can send him questions. [email protected] he also wrote another book, You and the Law in Spain. StephenTom54, I have just read in the handbook That one single owner can demand NECESSARY improvements, with legal right on his/her side. That is, there exist a law in principle that the property must be properly maintained. If the majority of owners refuses to repair the broken lift, One single owner can demand of the court that the community be obliged to carry out this normal maintenance. He/She will find additional support if the building has become a HEALTH or SAFETY hazard, as the community's decision to let it fall into ruin will then run contrary to law. Of course, honest dispute is also possible about what constitutes NECESSARY and people can spend hours arguing this in the community meeting.

So use the disability issues and if/when a meeting is held bring up the subject Property values without a LIFT in place or not working as this will not only affect you. it affects all. Good luck, stay safe and healthy my friends and Have a Merry Christmas and Hopefully a Happy New Year. Keep in touch.