Can they restrict the pool?

On our community we have owners who owe thousands of euros in fees. Some have let their properties out for years and are not paying. Perhaps they are not paying tax to the Hacienda either. These tenants and owners use the pool and gardens. We are told that a law was passed in 2013 to allow communities to stop these debtors using the community facilities, so my questions are: a) Can you tell me the wording of this law and its reference? b) How far can we go to enforce the law? We hope to get some payment if the owners think they will lose their tenants and revenue. c) How do we report these owners to the Hacienda?


First, I advise you to instruct a lawyer. At your AGM you must authorise the President to do this and to proceed legally against the debtors. The law you mention is Ley 8/2013, but it does not specifically authorise the restriction of the swimming pool. Some communities have now enclosed and locked the pool area and issue keys to the paying owners. Yes, you can report the possible tax dodgers. Let your lawyer do this.

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

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David Searl

You and the law in spain Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at [email protected], or call 952 667 090.


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