¿Quien es kellylieberman?




Send kellylieberman a private message


Oh dear, this member hasn't provided any information yet.

kellylieberman's latest forum comments


19 Apr 2014 2:31 PM:

Believe me, if I could I would!



Thread: New Member desperately in need of help!!

--------------------------------------
18 Apr 2014 7:36 PM:

I have spent hours trying to find out if this is legal or not and have found several copies of the Horizontal Law but can't find any mention of this.  Lots of people seem to think that depriving debtors from using communal facilities is illegal but that information could be outdated as I have also found mention of the law being updated.  Does anyone know what the current situation is?



Thread: New Member desperately in need of help!!

--------------------------------------
18 Apr 2014 10:29 AM:

To stop debtors using the pool is designed to get people to pay up but I am already paying and I am already being punished with interest charges.  I pay a large amount every month, a quarter of which covers the current month's community fee and the rest goes towards the debt, a debt that includes a large amount of interest.  I don't like being in this situation and am doing my best so I don't understand why the President thinks an extra punitive measure is going to somehow make me find more money out of thin air!  He knows the money that the Community is currently receiving is coming from the rental income on my house.  That is how I am clearing the debt, another 3 - 4 months and the debt will be clear.  If my tenants are prevented from using the pool I will not be able to rent out the house, the income will cease and I won't be able to pay off anything, in fact I won't be able to pay the current community fees (unless that's his plan).  So although it might seem like a good idea it's actually counter productive.  The other residents that owe money wouldn't be bothered by not being able to use the pool either, they'd just go to the beach.

As my tenants are specifically mentioned in the meeting minutes I can't help but feel I am being targeted.  There were only a handful of people at the meeting, he has proxys for everyone, and there is nothing in the minutes mentioning the fact that I have already paid off two thirds of the debt and am continuing to pay, so I'm not sure that he properly represented the situation.

Also if debtors are prevented from using the pool shouldn't the months that the restriction is in place be discounted? How can you continue to charge for something that you are not allowed to use?

I've read various threads again including this one and it seems that this is now legal but I wonder if anyone can confirm that.

Working on the basis that it is has anyone got any ideas as to how to deal with this problem. I have had this thought and would welcome some feedback...

The new rule is that restrictions apply if you owe more than 3 months "community fees".  However my debt isn't just community fees.  It includes other things for instance extraordinary fees and interest.  The administrator agreed to split my current payments between the debt and the current month's fees so that I didn't accrue further interest charges.  Presumably the portion that is applied to the debt is just applied to the total. With this new ruling though surely the debt needs to be broken down?  I've done all my figures and now have the totals of all charges for community fees, extraordinary charges, interest etc. since the last time my account was in credit. How do I apply the payments that have been made since then, including the portion of the current payments that are applied to the debt.  Of course I'd like to just apply it to the community fee column as then I wouldn't be more than three months in debt but I doubt I could do that!  What would be the proper way to do it?

 



Thread: New Member desperately in need of help!!

--------------------------------------
16 Apr 2014 11:29 PM:

There has been a development and I need some advice yet again!  

As you know I am in debt to my community.  I have been paying the debt off regularly each month, large amounts. I have now received a notification from the administrator that at the recent AGM it was decided that debtors would not be able to use the pool, neither would their guests or tenants.  In the minutes of the meeting the question was asked as to how this would be enforced to which the President responded that any owner could speak to the person using the pool and he had no problem telling them either. I should perhaps point out that the President has a particular problem with me renting out my house and has been terribly rude to my tenants in the past, even when there was no problem with the Community Fees.  Also there was only 4 people at the meeting, the President gets proxys from most of the residents who are never in the country at the time of the AGM, and so he is in a position of power which he likes to use.  I feel that he has brought in this rule particularly to target me as the other debtors are people who don't rent out their houses and wouldn't be bothered by not being able to use the pool.

That said, I do understand the desire to have punitive measures to try and get people to pay their debts but I feel this restriction is counter productive, especially when I have been paying off the debt.  If they prevent my tenants from using the pool then they prevent me from renting out the house which in turn prevents me from discharging my debt or paying any future community fees. 

I am already being punished with a 10% interest charge.  They also publicly display a list of debtors by the letterboxes on a public street which I believe is against data protection.

So my question is, is this legal? There's been discussion about this before and it seems they can do this but the Community Statutes need to be amended.  This was just an item on the AGM agenda.

If it is and I am prevented from accessing services for which the community fees provide then during the period that the access is restricted shouldn't there be a reduced charge?  How can I be billed on an ongoing basis for services which they are restricting my access to?

I believe this is covered in the Horizontal Law which I have read through but I need someone to explain it to me in plain English please! 

 

 

 


This message was last edited by kellylieberman on 17/04/2014.
Thread: New Member desperately in need of help!!

--------------------------------------
09 Jan 2014 5:44 PM:

Boys!



Thread: Getting a UK car MOT'd in Spain

--------------------------------------

Communities kellylieberman has joined


kellylieberman' blogs


kellylieberman's rentals

kellylieberman's properties for sale


Spain insurance services


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x