QUESTION: Two properties which which are not part of our community or our urbanisation share our privately owned sewer and road. They pay into a special fund for repairs to these facilities when needed. This is separate from the community fees which we on the urbanisation pay into twice a year. At our AGM this year it was decided to make these payments a legal undertaking. Is this possible?
W.J. (Costa Blanca)
ANSWER: Yes, you can make a legal agreement but you want to give it careful study first. First there is the general principle that communities cannot be seen to make money. However, there are various possibilities. You can make an agreement with the two owners to pay a yearly fee for the use of the sewer and road, for example. This payment will be subject to Spanish tax because it is the community renting out an asset. We see this sort of agreement when an apartment building rents out its roof for a telephone aerial. Or you could make a legal agreement with the two owners for them to pay a certain percentage of any work on the road or sewers.
Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.