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15 Feb 2010 10:32 AM:

Hi Maria,

There was no written agreement and no agenda was sent out prior to the meeting. Minutes were sent out one month later along with the first demand for payment.
 
The minutes were very vague and just stated that the new community fees for non-residents will be €60. They are now telling us that they will use €40 of this money to pay for their own use of electricity and water whilst they are on builder’s supply. They have already used all of our community funds for this purpose.
 
Can we be forced to pay for their use of utilities whilst we do not live there?  Is this all legal?

Thanks,

disenchanted



Thread: mariadecastro

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13 Feb 2010 12:00 AM:

Hi Maria, can you please offer some advice here;

Down at El Pinet we are still awaiting site completion and COH.  You will be aware from threads below that the residents have decided to pay for their services (water and electricity) rather than challenge San Jose to pay them.

Last year a few residents called a meeting and formed an ad-hoc community.  At this meeting they decided to pay €70 towards services and €20 towards Community fees each month.  They also decided that non-residents (like myself) would pay €40 plus €20 per month regardless of how much time they spent in Spain.  Unsurprisingly there were many defaulters and so the committee opted to spend all of the services fees and then all of the community fees on their water and electricity bills.  This still left them in debt.

They have since discovered that their committee was illegal (too big) and disolved it.  The same few residents (18 owners out of several hundred) called an EGM to elect 3 smaller committees comprising of roughly the same people.  They have now decided to change the community fee payments to €90 for residents and €60 for non-residents.  It is their intention to spend the community fees to pay for all their services.  They also appointed an Administrator who is threatening non-payers with legal action if they do not submit to their payment demands for the past year (when the committee was not even a legal  entity).

I am really concerned at the way this is developing as I am unable to visit my property very often due to ill-health.  I  have not been to Spain for almost 3 years yet I am now being told to pay over €500 for water and electricity which I have not used.  I understand my responsibility towards community fees and I have paid these in full, although I believe it is unfair that these have been spent on subsidising services for the residents.

Can this be fair?

Can you please advise me on where I will stand if I do not pay these fees.  I am now receiving official demands from the Administrator and I am extremely concerned that I will end up in a court which I cannot attend.



Thread: mariadecastro

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