23 Feb 2013 8:35 PM:

With much thanks to Jacksons for their valuable advice, we are now starting to tackle some of our long term debtors through more efficient routes than the Spanish lawyer our current administrator employes.

However we seem to have still hit a brick wall with those debtors who still enjoy the common heating/air con and hot water.

We did take the decison to switch off their heating and hot water. One of the renters of an apartment owned by a serious long term debtor took court action against the community and the judge made an order that the hot water and heating should be switched back on for this apartment.

Sadly the President and Administrator took the decision not to fight our case in court or indeed even send a lawyer.

The apartment still enjoyed cold water and electricity supplied by the utility companies.

Us poor suffering owners who are currently subsidising the debtors argued that the President or Administrator should have contested this case on behalf of the community. In fact the renter was not deprived of basic services as they had cold water supply and electricity. They could have used their electricty to heat teh apartment, cook and heat water for washing etc.

We felt that if the President/Administrator had contested the case we could have won and forced many of the long term debtors to pay up, ceratinly those who make a nice income from both short and long term rentals.

At  a meeting with the president in January with a small group of concerned owners the President announced that the HPL had been updated and that we could now withold the services without penalty. However when we asked the administrator yesterday when the hot water and heating/air con was to be switched off to those apartments owned by the serious debtors, we were advised that the law changed had not even been passed yet.

We are confused and again appear to have been misled by the President or Administrator.

Can anybody offer a view on how we stand on the withdrawal of service such as hot water and air conditioning/heating to debtors.

any information that will help would be most welcome. We have our AGM coming in a few weeks and we wish to put pressure to have this resolved on the President and Administrator, having clear facts on the position will help us.

Thank you

Thread: Recovery of Community Debts

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20 Oct 2012 12:21 AM:

Our community "enjoys" communial supply of hot water and air con/heating. One service uses gas oil and the other electricity. We also have a number of serious long term debtors (the majority UK based) Recently due to lack poor cash flow and the cost of repairs to the system, the community has been forced to "ration" both services on the basis of those owners who are paying their fees and those who are seriously behind and are indeed currently in the courts.

One long term renter who rents from a serious debtor has contacted the community via his solicitor and advised he will commence legal action as his human rights are being denied through a lack of basic services.

At present we seem to be in a no win situation. Tacking the correct route via the courts to recover the overdue community fees appears to be a waste of time and while this lengthy process continues the debts continue to rise. We cannot withold services that are not being paid for to those apartments whose owners refuse to pay their fees. While the community heads towards a serious financial situation, the owners who really suffer are those who are paying their fees, but who find their quality of life in the community being seriously reduced due to the actions of the debtors.

Our current lawyer seems to lack any alternative suggestions other than to continue through the courts.

We seem to be at a dead end, any suggestions from owners who have experienced these type of issues and who have found a way out of the maze would be very welcome.

Thread: Recovery of Community Debts

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