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Well, I believe they could take the community to court, but in reality are very unlikely to, for obvious reasons. See my post 29th April.
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IT MAY BE ILLEGAL TO CUT OFF FACILITIES TO NON PAYERS AND THEIR TENANTS, BUT THEY CANNOT TAKE YOU TO COURT BECAUSE IT IS ILLEGAL TO NOT PAY
THE FEES..ALWAYS WILL GET THEIR ATTENTION.
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On the contrary, I think they are high - but you asked if anyone could top it! The question is, do you think you are getting value for money? What services are included?
The community I mentioned includes water - but I only pay around €170 a year for water, so that doesn't make so much difference. It also includes hot water, so there's some saving on heating bills. Again, probably only marginal. Apart from that, they have 2 pools, the larger of which now only opens a couple of months in the summer (used to open 6 months, same as the smaller one, but they're cutting back on lifeguard costs); 24 hour security (although there never seems to be anyone in the office when you want them); very well kept gardens and communal areas; and a mini golf course, now defunct; otherwise, nothing out of the ordinary. The community comprises around 500 apartments in 5 separate blocks, each with 2 or 3 lifts. The property is 40+ years old, in need of extensive rennovations to the facade and electrical installations etc., and the outstanding debts currently run into 6 figures. Like I said, disastrous!
(Anyone looking for a cheap apartment in Torremolinos, I know of a community with plenty for sale!)
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"Get your facts first, then you can distort them as you please"
Mark Twain
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ok it seems my fees are not that bad, lol wish i had not mentioned it.
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Pads: "Talking of community fees, i pay 602 euros every 3 months and thats for a 2 bed apartment. The 3 beds and penthouse are even more, CAN ANY ONE TOP THAT"
Well, there's a disaster of a community near me that I've mentioned before, where some of the larger apartments pay over €300 per MONTH. Of course, as Tinto says, you have to consider what services are included in the charge. This particular community had central heating and air con to all apartments until a couple of years ago, when the cooling towers were shut down due to a risk of Legionnaires disease. Thing is, since then, the community fees have only gone up, despite owners now getting less for their money!
As Denise points out, lifts are a big expense, as are green areas - which not only need tending to by a gardener, but also need loads of (expensive) water. Swimming pools are also costly to maintain. All these are things which one should consider when thinking of buying a property in a community. If you are looking at a resale in an established community, you can ask how much the fees are, and even ask who the administrator is and go talk to them to find out if there is any major work pending for which extra payments may be required etc. etc. But, if you are buying off-plan or new property, you may not be able to find these things out, so think about how many individual properties there are which will be dividing the cost of maintenance between them.
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"Get your facts first, then you can distort them as you please"
Mark Twain
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Just received it, Denise. This message was last edited by morerosado on 4/30/2008.
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This is very true, luckily we do not have lifts or green areas which is why ours is lrelatively low. Without going off topic Moreroasdo (I have been trying to p.m. with no success), how did you do that it is amazing!
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Very true Tinto.
Also the difference in community fees (generally) between the Costa Blanca & the Costa Del Sol is vast, though I know that the Polaris World communities on the CB charge a lot.
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You cannot compare community fees without knowing what is included and what facilities there are.
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Ouch and to think our lot (well about 10 of them) moan about paying ours which is 300 for the year if paid before February and 330 euros for payments after that!
_______________________ Denise
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Talking of community fees, i pay 602 euros every 3 months and thats for a 2 bed apartment. The 3 beds and penthouse are even more, CAN ANY ONE TOP THAT LOL
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€500???? We pay more than double that, and we don't live in a beautiful palace like the Casa Rosado! Still, maybe now the community won't be paying for the upkeep of the Presidential Cat (retired), our fees will go down .
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"Get your facts first, then you can distort them as you please"
Mark Twain
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Moi, not pay my community fees, Roberto ? Heaven forbid. Anyone got 500€ for my annual June payment ?
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Some years ago, we owned the majority part of a property that was split between just 4 owners - which is the legal minimum for having a community. We didn't have one. One of the owners had some grievances with us, and was refusing to contribute towards the water (which was only metered for the whole building), the building insurance, and other minor bills. The other owners had no problem coughing up their share, after we had paid the bills, and things had been working OK without a formal, legal community being formed. We (the rest of us) felt it was simply an unnecessary extra expense and hassle to set up a legal community. But, this awkward b*tch said she wouldn't contribute until we formed a proper community, and ordered us to a meeting with her lawyer, who she wanted to set up this community (for an exorbitant fee, by the way).
The lawyer started the meeting by emphasising the legal requirement to form a community. We interrupted, asking if it was a legal requirement to pay your share of the bills. Of course, came the reply. We then informed the lawyer that her client had not contributed to any communal expenses for several years. Stern looks & whispered altercations were exchanged between lawyer and client, after which the lawyer promptly called the meeting to an end and dismissed us!
We were unable to cut off any services, but we did get the insurance company to agree that this owner would not be able to make any claim on the building insurance. She never paid anything, but it wasn't a large amount anyway, and the rest of us swallowed it without too much pain.
I believe it's illegal for the water company to cut off a water supply, even if the client hasn't paid the bill. Telephone services are a different matter. Companies apparently don't even have to give warning that they will disconnect you. So personally, I can't really see too much danger in cutting off a TV or internet connection, plus as More says, is anyone really likely to take legal action over such a thing? I'm not saying it's legal or correct, and Karen has good reason to point out the possible repurcusions. Similarly, I understand More's suggestion that "we'll all be tempted not to pay our community fees", but would never condone such action - two wrongs don't make a right, and the more people take that stance, the worse the community problems will become.
I seem to be waffling a bit now, and contradicting myself, so I'll shut up!
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"Get your facts first, then you can distort them as you please"
Mark Twain
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Wonder if they would turn it back on you though seeing as they're SO in the wrong in first place. Would cost them a small fortune surely. The way things are going we'll all be tempted not to pay our community fees.
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There are a million good ideas for revenge on non-payers....................it does not make it right to use them tho ( even if you're tempted )................and they could legally turn it back on you !!
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Earlier in this thread Pads told us
ok heres a few tips that did work for late payments.
we have a community tv system and internet. so first they cut off the tv and that really hit the people who rent the apartments, so owners of those paid up swiftly and next the internet is cutting off as it is included in the community fees. maybe that will help some of your communities.
That prompted quite a discussion saying it's illegal (by Karen & Maria).
If you read this thread How does a Community Work? (post by Ian "promedia" on 19 Apr 2008 6:37 PM) Ian also says "...........the tennants community tv is about to be turned off and we are looking at what other community paid for services we can withdraw from the renters to get them to put pressure on the owners to pay up"
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As Pads said "ok heres a few tips that did work for late payments.We have a community tv system and internet. so first they cut off the tv and that really hit the people who rent the apartments, so owners of those paid up swiftly and next the internet is cutting off as it is included in the community fees" Sounds the best idea I've heard, even though it is illegal. After all, why should non payers get away with it ?
are
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" tomarse la justicia por su mano" = taking the law into your own hands. Translates perfectly well, Maria!
I understand that cutting off individual water supplies is wrong, but I do not understand why cutting off access to communal facilities, such as TV antenna, should be illegal, if someone is not paying for them. Just doesn't seem right. I'd do it anyway. By not paying their fees, they are already taking the law into their hands. IT IS ILLEGAL TO NOT PAY COMMUNITY FEES.
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"Get your facts first, then you can distort them as you please"
Mark Twain
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Oh yes, that is called in Spain a " tomarse la justicia por su mano" ( making own justice) act. Forbidden obviously.
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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