community fees

 Just read on an other forum about a company in the UK who actively chase deptors [ www.communityfees.com ] as our fees are due shortly just wondered how the efforts to claw back unpaid fees is going, apparently some one had their car clamped in an attempt to extricate the unpaid fees from them!

It is unlawful to clamp, and charge, for previous alleged debts. Such debts must be claimed for in court for a judge to rule if they are payable or not

 It's wonderful the stories that pop up!  The community doesn't and wouldn't clamp someone car due to non payment of fees, how daft, I'm surprised anyone would believe this.    The process the community follows to recover debt is well publicised and doesn't include clamping cars, although now you mention it.........................................

So information that was published on the comunity website by the committee and administrator about the clamping of a debtors car, after getting UK court approval to use bailiffs to recover the debt is a complete fabrication?

 Where's that posted then???

On the community website of Mar Menor Golf Resort. In the news section.

www.mmgr.info

So it wasn't the community clamping the car - it was UK bailiffs acting under an enforcement order from a UK judge

Sounds like a good idea to me - but what about the human rights of the car driver?

I'm sure they'll be off to Strasbourg lickety split over this one

PB

As I said Chris, not the community.  

We wouldn't have the power unlike a UK bailiff which does have the power to sieze goods to the value of the outstanding debt.  

can the outstanding debts be accesed by ordinary members

asillisa1

The clamping of this car shows that UK based community debtors can no longer hide behind the extremely slow court system of Spain. The debtor also pays for all the expenses  incurred by the company.

Good. Feel genuinely sorry for those in true dire straits, but there will be many more just trying to duck out and let the rest of us make up the short-fall while they still come on their 'jolly-days' and never go short on their fags & beer !!

 absolutely agree if you have a property then you should pay your way, it was made clear from the start that fees would have to be paid

little rant there

niCK 

Some people purchase a property and have no intention of paying fee's because they intend to sell the property very quickly and plan to straigten up the community fee debt at that time, which is now a requirement of a sale. Obviously that leaves the community with a shortfall during that time and when sales haven't been happening quickly or at the prices someone might have expected in 2007/8/9 it creates a continuing problem.

Other people buy a property and have no intention of paying the community fee's because they use the apartment so infrequently they don't see how the fee's affect them as they dont 'really' use the facilities. No excuse I know but it is a view. Other's think that because  resorts dont turn out as the advertising blurb they shouldn't have to pay- they fail to see the resort still exists and has to be maintained.

And some other's buy an apartment ( or 2,3 or more) and the financial markets plumment and leave them with a major problem and they can only hope that they can redress the balance when they finally sell the apartments. None of which helps the community.

And yet others buy an apartment believing non-one will catch up with them and their debt as that has been a pattern in Spain regarding Community Charges- slow and long winded, expensive court action that used to be in the owners favour. Plus paperwork always seemed to be a problem in Spain, proving who owns what.

I believe there have been real changes and that can only be a positive for resorts like ours. I also feel it's sad for owners that have fallen on hard times as they are also likely in mortgage arrears, I dont think its easy for any of us now. Many 2008 completers took 5 year interest only mortgages and 2013 will see a change for those early purchasers and could throw up other problems for the resort..

TQM - you seem to have covered all the various options there but I am not sure which camp you fall into -   'Hang 'em high' or 'Pink and fluffy stuff - it'll all work out in the end'.

For me, if you buy a property anywhere it requires maintenance and upkeep. That costs money. If you can't afford it, don't bother buying a place and definately not on Condado, but more importantly do not expect others to pay your way.

Owners who do not pay should be pursued using these new laws and procedures right up to the point where they either lose the property or have access to it withdrawn. From what I see, most people on CDA seem to be decent law abiding citizens, that's what makes it such a great place to be associated with. So those that don't fall into that description should be sought out and made to comply or made to leave. Simples.  Jon Faulkner

 Has progress been made in recovering the huge amounts of outstanding fees? It seems to me that we would be missing a trick if we allow another summer to pass where allowing free access to site to people who are effectivly  sponging off the community continues, Stop them at the gate and refuse entry, it may not be possible to police every one but if security had a list of apartment numbers who were long term debters they could refuse entry

Those last 2 comments get a big thumbs up from me. Well said folks.

You need to be careful on stopping owners from entering the resort. As has happened on all the other Polaris World resorts the roads are public and even though they all have security, the guards have no legal powers to stop any one from entering the resorts.

 Hi Faulky, I agree it did sound as if I am sitting on the fence but really I'm not. I just see that some people bought fully intending to pay properly but their circumstances have changed hugely- it nearly happened to me. It would, however be better if these people came forward and at least made some sort of offer rather than hiding their head inthe sand.

We may not have the right to refuse access to those owners that have 'avoided' community fees but I see no reason why security should not inform ML whenever an apartment that is in arears on its community fees is in use. At least then a visit from a representative can be made to the apartment to arrange whatever suitable (appropriate and legal) arrangment for payment of back fees and future obligations can be made.

If necessary for long term debtors if an order is obtained in advance and possessed by ML then this could go as far as ceasing of goods to cover the cost - last resort but if necessary?!?

Appreciate this does not cover those who have purchased either speculatively without intention of visiting or renting but it may reduce the 'chancers' that refuse to pay.

Also - I'm unaware of the procedures for arrears customers so would hope this is in place already but an arrears notice with direct instructions to visit the ML office should be pushed under the door (if placed in the letter box it may never be read) Also, if I was renting out my apartment and avoiding the community charges then I would not want my renter to see that I was in arrears.

There should be no fence to sit on in this - if you own the property you pay your way!