Can they use the pool?
QUESTION: I am the president of a community in the Valencian region. Our administrator informs me that a precedent has been set by a judge in this region which ruled that a community can stop debtors and their renters from using the swimming pool if community fees are not paid.
Can you confirm this?
B.I. (Costa Blanca)
ANSWER: The Alicante provincial court ruled in 2016 that a community may prohibit debtors from using the pool by passing an internal regulation.
This decision does not establish a precedent for other courts to cite. In fact, it goes against the general opinion.
The DGRN, which oversees the work of Registries and Notary offices, has ruled that the only possible way to establish such prohibition is by including it in the original charter document of the community.
This charter can be amended by unanimous vote of the members. The debtor has already lost his vote in the AGM but courts have ruled that for such an important vote requiring unanimity he may cast his vote. He will probably vote against the prohibition.
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