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This kind of agrement its perfectly legal and forces the Member to pay for all the rest who are no the nominated who wants to use the comun services
Let me know what do you need to know about it and I will try to explain you
I am an spanish attorney
The agreement states that the member can nominate two people to play free golf or tennis, as long as that member pays his/her annual maintenance fee. As I read it those two people (nominees) could live anywhere, and do not have to pay anything extra. Normally, the member will nominate himself/herself plus their partenee, but they do not have to.
The owner of the complex is now trying to say that the nominees must live at the La Manga complex and pay annual maintence cost as well as the member. This does not seem to be the correct interpretation of the agreement.
If the contract does not say that the nominated has to lived in Malaga, the owner has to right to charge
You can deny to pay and he has no chance to force you
The contract has no way to be interpretated in this way
If the contract do not say anything the owner has no right to modify or interprete the contract
I assume that your first statement should read "If the contract does not say that the nominated has to live at La Manga, the owner has NO right to charge"
The agreement also states,
"The owner may prescribe rules and regulations for the proper administration of the Founder Membership rights and use of the Golf Course and the Tennis Courts."
The owner sees this as an authority to change just about anything in the agreement.
I am sorry but I got very little from this very brief chat, for £33.
Your records will show that I have used you several time and been happy. But this was too brief
I would simply like the follow up point answered; 2:18 pm onwards
The owner has no right to change the rules when he wants to
The new rules are not compulsory for the people who bought before
So, you are no forced to obey new rules
The way to defend your rights are in court
People who disegree with the new rules could contrcat and attorney who forces the owner to stop the abuses
You do not have to admit the abuse
Thank you, XXXXX XXXXX just confirmed my opinion. The owner believes that he can make changes to suit his changing needs without any consultation or agreement. I believe that there are recognised principles which govern "proper administration".
Yeah, thats right
You do not have a obligation to admit it
He can no change or onterpreted the agree as he wants
Thank you. The way ahead is clear, but it just costs money.
Well, if you get some more people with the same problem you could contract an attorney to defend you in court
Also you could denounce him at the closer consumer protection service
This point of law affects some 370 members.
If you denounce him the consumer protection service could force him to stop the abuse
Can the owner prevent us from playing until there is a court ruling?
You have the 2 ways, in court, with a lawyer, or in the closer consumer protection service
No he can no do that, he can no prevent you to use it as you want
Thank you. I thing that is all. I do believe that you gave me a web site for the protection service some months ago.
Sure I did