Can they issue fines? Community living in Spain

Question:
We live in a community where we have penalties for paying our fees late. Twenty per cent is added for late payment and access to the pool and garden area denied. These areas are enclosed and owners are issued an electronic key. This key is blocked for late payers. The owners have voted this system but I feel that there have been irregularities in the enforcement. How would I go about seeking a change?
E.O. (Costa Blanca)

Answer:
As we have noted here before, Spanish community law prohibits communities from imposing fines and surcharges on community fees. Communities sometimes get around this by raising the fees and then offering a discount to all those who pay on time.  The late payers must pay the full amount. This has the same effect and is legal as well. Cutting off access to the pool is another dubious area.  The way to change anything in a community is to assemble enough votes and proxies to vote the change at the AGM. This exercise in basic democracy requires effort and determination.

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