LEGALLY SPEAKING: Can he refuse to pay?

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GARAGE: My property did not come with a garage so why should I have to pay for its upkeep? Photo: Shutterstock


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QUESTION:

AT our community AGM they advised us that the garage needs to be refurbished inside and that quotes would be obtained. I objected but it was passed by a majority vote.

My argument is that I do not have a parking place or one of the storage rooms, but they say it is a community area.  

The parking and storage rooms have in the past been sold off by some of the residents to outsiders. My property did not come with a garage so why should I have to pay for its upkeep?

What’s worse is my share of the cost is eight times more than someone who only has a parking place. Have I got any rights not to contribute?

T.C. (Costa del Sol)

ANSWER: 

If the work is not “necessary” and the assessment comes to more than three months of your community fees, the Horizontal Law says you can refuse to pay it.

In your specific case, the charge is clearly unfair, as well.  As a note, if the garage and storage rooms are community property, the holders cannot “sell” them.

*Send your questions for David Searl through lawyers Ubeda-Retana and Associated in Fuengirola, at [email protected], or call 952 667 090.

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