AlandEve

Just returned from 2 weeks in Esuri .. great time, met many other owners, and we had fantastic nights in and out of esuri .. makes all the outgoing payments worthwhile ...

Thought I would share an interesting event ..

one hot afternoon, we were all lazing around the pool (four owners and families..), kids were all in the pool, messing around on floats and having a great time ..

The security guard came down and told us that a Spanish resident had complained about the floats in the pool and as they were against the rules had to come out (he was very sympathetic & understanding, but these are apparently the rules ..). all the kids (ages 5-17) were very disappointed and with nothing to play on got out of the pool...

The lady in question then came from her apartment and lay down to sunbathe .. one of the owners pointed out that she was renting her apartment from Fadesa - not an owner ..

We had an emergency one-off community meeting, (at the side of the pool) and unanimously voted that as Fadesa are not paying any maintenance, a renter can't over-rule 4 owners .. so all the floats went back into the pool.

I think she saw sense, kids were having fun - doing no harm .. it was vaction time

.. our friendly security guard found something else to do ...

AlandEve

PS Great to see golf course busy ....

lynnxa

ok

so she has less rights because she rents & you feel that you can just ignore the (presumably voted upon in a proper meeting) rules, just because you are owners

if you want rules changed, you go to the AGM or appoint a proxy to vote for you


the rules are there for a reason - some communities claim hygiene & some safety

but whatever the reason - if you don't like a rule - vote on it properly at a proper meeting - don't just decide to ignore it

mikelincs

That would, of course be a totally illegal meeting, I bet 4 doesn't make up a quorum in your commun ity rules, so any decision cannot be enforced, no wonder the security guard went off, he didn't want to get involved. I assume that you now think that if there is anything you don't like, like the level of the community charge, you can just get together with three other owners and change it? because that is the way you are looking at things. Rules are there for a reason, and the onlt way to change them is through a properly convened meeting.

jdr

You will find a renter has the same rights as an owner on an urb.
Legally you cannot just have a poolside meeting and change the rules.
It has to be at an AGM that is conveened properly by the President giving all owners the option of attending.
A motion to change the rule has to be put forward and then voted on by the attending owners or their proxies, there also has to be a certain percentage of voters attending the meeting for the change to be legal.
What do you think would happen if the rules could be changed at any time by a kangaroo court ?
How about if the Spanish lady has a meeting with a few others and they decide to use jetskis in the pool. lol

lynnxa

now there's an idea


I'm sure the security guard just isn't paid enough to get into aggro with holidaymakers who want to flout the rules


what bugged me most about the OP's post was the general 'so there we can do what we like' attitude

matt begley

surely the security guard is not the 'keeper of THE rules?'

thinking about our Manzana and pool, we never had the request to vote on a ban of all inflatables or THE rules of the pool. Have the THE rules then been imposed upon us without a vote?!

oh I can feel an extraordinary AGM vote coming on!!!

Iandave

I guess you haven't read the rules of your Community which state that inflatables are not allowed in the swimming pool which is also a rule of Andalucia so cannot be voted out.

matt begley

so it is government ruling?

if so - great - rules are there for breaking in Spain. When in Rome etc....

Dick Dasterdly

Community rules exist for very good reasons and maybe its better to speak with a committee member to get a better understanding of them.

Conflicts very often flare up between those who just go there on holiday and look on the place as a glorified Butlins to have a wild time and do as they please any time day or night...........and others who are resident there and look on it as their home,having regular siesta and bedtime hours.

The security guards are generally not heavy handed and are usually aware of the various rules.
They usually just advise or make reasonable requests with regard to the regulations, but it is as well to heed their advice because on some occasions, if ignored, they think nothing of calling in the local policia.

I have in the past spent many years on a very well run community but there were still always ocasions when these problems arose.

Now I am pleased to be well out of it, away from any conflicts and fully independant.

Iandave

I agree, what this person may not be aware of is that their community pool has been granted a licence from the local Town Hall and is inspected by someone from the Town Hall to ensure that the pool is being well maintained and the rules are being adhered to. Flagrant breaching of these rules can lead to a fine for the Community as a whole or, in the worst case closure of the pool. Perhaps this person would not be too popular with the rest of the Community if this happened!!!

lynnxa

bet the OP is wishing they'd never posted now...............

AlandEve

I like a good discussion ....so no regrets about posting ....

So our "meeting" ws illegal .. of course we knew this all along .. but hey it was good improvisation .. lets face it waiting to next Aug 5th was not an option for my kids wanting to have fun...

Its illegal for floats in pool's in the whole region ... hmmmm I bet every pool in the whole of Spain had floats in the pool during Aug .. I dont think the town council will close a pool, beacuse some kids are having fun..

As the other party rents from Fadesa, and Fadesa are not paying maintenance, I and other owners are paying maintenance (more than our fair share to make up for the lack of Fadesa payments), she is lucky to have any access to the pool.. if I had my way then properties or renters of properties that dont pay maintenance should not get access at all !

If Fadesa pays maintenance then using jetskis may be acceptable...

There is a good ending to the story, her kids came down 30 mins later, jumped in the pool and played with all the other kids .. on the floats .. no complaints forthcoming...

AlandEve

MEL & JOHN

I certainly agree that any property, for which the owner is not paying the community fees, then anybody using it should not be allowed access to the gardens, pool etc. On our Manzana, a house that has never had any fees paid, had an English family coming up on a daily basis and using the property to gain access to the pool as they had the keys. I was angry about it and in a friendly manner told them they could not use the facilites and why, they came up the following day and, as I had introduced myself, said to other folk "Oh, Mel said it was OK " WHAT....I had another, not so friendly chat, and did not see them again but they may well be using it today for all I know. It really P***** me off ! So there !!

Mel

BTW will be there next week so - beware

jdr

If you had been at the meeting or organised a proxy you would of had a vote.

jdr

You would do better attending the AGM and motion a rule about if the fees are owing then no access to the pool etc.