I am president of a small community of four houses.  We have numerous ongoing problems within the community.  Firstly, two of the residents are very rarely here (both spend periods in prison) and have not paid any fees for three years.  The third house, the residents have refused to pay fees and say they do not want anything to do with the garden and the pool. 

My question is:  Is it possible to dissolve this community as it is not working and I cannot forsee any changes.

No I do not think this is possible - your share of the communal assets is stipulated in your escritura you have legal ownership of your share and legal obligations. What would you propose happening to these communal assets ? You could empty the pool and leave it (but it would deteriorate and deter any future buyers) to save costs.

Thanks for the info, however, our escritura does not specify community garden and pool as it was only designated as a community four years after the houses were built so it does not appear on any escritura.

The pool has been empty for the last 18 months.  We did have a meeting with two other of the resident and after agreeing to pay the outstanding fees (which never happened), we agreed that each house would look after their own section of the garden and keep the pool as a community pool.  Nothing has happened.  as they have all vanished again - for how long, no one knows (another couple of years).  HELP HELP HELP

expat,

Thank you for your information.  Can you tell me how I can instigate legal proceedings against the other members of the community when there are no funds in the communinty - in fact the community owes me money.

As regards voluntary liquidation, I gather this would have to be unanimous also.  No one in this community will agree to that.  The situation is, they all want a swimming pool and gardens but are not prepared to pay any fees. 

If I repair the pool, is it possible to stop the other three residents from using the pool until the outstanding fees are paid?  Also, to faciltate these people, I suspended the fees for the last nine months in the hope that this would enable them to pay their outstanding fees.  Again to no avail. 

I would appreciate your input.