AFAIAA These duties are carried out by the Administrators.

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The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert (1754-1824)

The Law of HD states that legally, the complex is run by
1) General meeting of owners
2) President
3) Secretary/Administrator elected by the above

There is no legal requirement for a vice-president or a committee, and no such thing as a treasurer.

The President must be an owner, but the secretary/administrator does not. They can be the same person. If they are not an owner, the administrator must have some specific professional qualification to demonstrate they can cope with accounts (pause for laughter).

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γνωθι σεαυτόν. And on the eighth day, god made the fossils

I agree that a special thread for community issues is a very good idea as most of us live in a community of owners. After reading the threat I like to give my opinion on some issues that need replenishment or correction.

Debtors and their rights
An important issue for the community (and coming back every time) is the debtor. I like to point out that, instead of what is mentioned in this threat, a debtor may not be excluded from the services from the community (in this case the pool) as the pool is (partially) his property. The community is not allowed, although he has a debt, to forbid him to use his ownership (house or pool). The community must start a juridical procedure to get the money. A 10% surcharge is normally helpful to decrease the number of debtors.

Ask money for sun beds
In my opinion it also not allowed to ask money for the use of sun beds from renters. The sun beds are bought from community funds and are ownership of all owners, including the owner that rent out his apartment. It is not allowed to refuse (or ask money from) a renter to use the pool, although you could say that in a community with a lot of renters the expenses for the pool are higher due to the need of more products for the quality of the water. Next to this it is in my opinion very difficult to carry out something like this. Who must administrate the income (the administrator won’t), will there be someone in the pool all day to check if there is a renter using a sub bed (or is it a new owner? and how to proof this), etc, etc,

Getting phone number from a neighbour
It is indeed correct that that the administrator is not allowed, ruled by the LOPD (Ley de protección de datos con carácter personales) to give other owners personal details. If you need to contact your neighbour urgent you or the President of the community can contact the administrator. The administrator should contact the owner and explain him/her the situation and ask if it is ok to give the telephone number or to ask them to contact the President. If for whatever reason this will not succeed and you must enter the building, you are only allowed to enter the building by permission of and under supervision of the police.

Data Protection Act / Ley de protección de datos con carácter personales
All companies using personal dates (assesoria, administrators, insurance companies, etc, etc,) must be registered by the “agencia española de protection de datos”. For more information you can check their website www.agpd.es

To make it more interesting, each community of owners must also be registered at the agencia española de protección de datos. In whole Spain only 5% of the communities are registered. It is the responsibility of the community to be registered, but the administrator should in my opinion guide this process.

You can download the Spanish versions of the Horizontal Property Law on our website www.hestria.es/notice.html.es

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We have found that the 10% surcharge is an enormous incentive for people to pay on time.

I hear what you say about the pool and debtors. Recently, one complex in Callao Salvaje was forced to enclose their pool with a high fence, and provide a key for owners. The president refused to supply keys to those in debt, and nobody could find a legal argument to force him to do so. Now debtors have to climb over the fence, which marks them out nicely. What do you think?

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γνωθι σεαυτόν. And on the eighth day, god made the fossils

This is so helpful to this forum, the information you have given, thank you.

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All pools must be enclosed to protect the safety of children, so I assume that we will have this issue coming up more often. I can only say that it is not allowed. I also think that it is a temporally solution as it is very easy to make a copy of a key. There is always someone (for example a renter not knowing about the debt or a friend) willing to help the debtor. This does not mean that I do not understand the decision of the President to do it anyway trying to force the debtor to pay his debt.

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Access to all Canarian laws..including IIRC Horizontal Division and Swimming Pools....

http://www.gobcan.es/juriscan/

__________________
The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert (1754-1824)

no one said the kids cant play and have fun all people are asking for is the kids to keep the noise down when going near other peoples appartments. making noise around the pool is understandable. but when the kids stand outside your bedroom window screaming thats when it makes the owners more angry. and the fact that kids are not even ment to play in the walkways and we let them means WE ARE NOT TRYING TO RUIN THERE FUN. but actually keeping the noise down. we havent got a problem with kids playing. just please tell the kids to keep the noise down when playing outside near my bedroom window and when they are running past .
thanks from devil 666

just wondering - who establishes how much the community fees are and on what grounds?

It's the amount agreed for the budget at the AGM of owners divided among the owners according to their coeficient, i.e. their percentage share of the community.

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