Can they block use of pool? Community questions in Spain

Question:
In our community, we have several different forms of action against the non-payers of community fees, such as not allowing them to vote at the AGM.
My questions are:
1. Is it legal to disable the electronic key to the pool and garden area for non-paying owners?
2. If not, can it be made legal by adding a rule to the statutes in the Property Registry?
3. Will the Property Registry reject the addition of rules in conflict with Spanish law?
E.O. (Costa Blanca)

Answer:
The short answers to your questions are:
1. No, it is not “legal” to block access to the swimming pool for non-payers.
2. Yes, it can be made “legal” by amending the original statutes of the community to include the prohibition of pool access.
3. No, the Property Registry will not reject the amendment. All of the above depends on court decisions and not laws. This is why I put “legal” between quotation marks. One court has ruled that pool access can be prohibited if it is written in the statutes. And, yes, you can amend your statutes by a unanimous vote. This is highly unlikely.

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