Can a ‘club’ be exempted?

WE have 89 apartments in our Community. We have a club/bar in the grounds which is owned by 48 bonded members of the Community. This club has problems making money. The members want the Community to exempt the club from Community fees in exchange for giving non-members the right to use the club. This is a split because not all non-members want to use the club. The club say that they cannot afford the fees.  My question is: can the club force the Community to exempt them from paying the fees? If they took it to an AGM, do the members vote on that decision?  We would like to know if the club has a case or not.    

C.O. (Costa Blanca)

NO, the club cannot ‘force’ the Community to make their premises exempt from Community fees. And, yes, any such important measure must be voted at the AGM. By the numbers you cite, it seems the club members have a majority of the votes, so they would probably get their exemption approved. Quite a few Communities have similar arrangements.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.