Legal tip 1133. Can they prohibit me the use of my pool?
Monday, April 21, 2014 @ 2:22 PM
Judges have reflected on this matter, which is being used more and more among Community of Owners in Spain in order to stop unpayment of Community fees. When being explicitly asked by El Derecho ,4 out of 7 Magistrates consluded that this practise is not legal. These below are their conclusions:
1 - The role of internal rules is only to facilitate better standards of use of common services by all community, and therefore to stop meaningless restrictions that impose a prohibition on the faculties of use and enjoyment that integrate the right of ownership.
2 - Use of common areas by owners in payment default cannot be prohibitted. Any agreement made in this sense by the Community of Owners is not valid ( therefore not effective) . The Property Administrator should advise in this regard and not to include such topic among discussion points of the Agenda.
3 - The only legal effect of lack of payment provided by the Horizontal Property Act is deprivation of voting rights to the defaulter. In this aspect, this Law even maintains for the defaulters the right to attend and discuss in the meetings.
4 - By virtue of provision 3b of Horizontal Property Act every singular owner is also co-owner ( as per quota) of commun belongings, areas and services.
5 -Llimitations to ownership rights, according to our Constitution, are only permissible provided they are covered by law, which is not the case.
A property in Tarifa, Cadiz, Costa de la Luz, South western Spain, at facebook.com