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José M.
José M., Attorney
Category: General
Satisfied Customers: 4615
Experience:  Spanish Attorney
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Good Morning, The following is an extract from a "Founder

Resolved Question:

Good Morning,

The following is an extract from a "Founder Membership" agreement. Is there any way that it can be interpreted, in law, whereby the nominee has to live at La Manga and pay "The Annual Matntenance Fee" as well as the Founder Member?

As a Founder Member, The Purchaser shall be entitled to nominate two persons ("The Nominees") who (subject to the conditions hereof) shall be exempt from the payment of either the Green Fees or the Court Fees which would otherwise be payable by The Nominees on admission to and in respect of the use of either the Golf Course or the Tennis Courts situated at the La Manga Club as the case may be.

For the avoidance of doubt, such Green Fees and Court Fees (hereinafter collectively referred to as "Admission Charges") shall mean charges, fees or tariffs levied by the Vendor Company on an hourly, daily, weekly or quarterly basis payable by persons (including members of the general public) who may be admitted to and allowed to use the said Golf Course and the said Tennis Courts such charges being levied by reference to the usage made by such persons of said facilities.

The term "Admission Charge" shall not include the amounts payable by the Purchaser (and his successors in title) annually by way of agreed contributions to the maintenance of the Golf Course and the Tennis Courts pursuant to the Option Agreement payment of which has been secured (or is to be secured) by way of legal charge over The Property which are hereinafter called "The Annual Maintenance Fee".

The terms "Admission Charge" and "The Annual Maintenance Fee" shall be construed accordingly and shall be mutually exclusive.
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.

Attorney3044 :

Hi

Attorney3044 :

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

Attorney3044 :

Let me know what do you need to know about it and I will try to explain you

Attorney3044 :

I am an spanish attorney

Attorney3044 :

Thank you

Customer:

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.

Customer:

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.

Attorney3044 :

If the contract does not say that the nominated has to lived in Malaga, the owner has to right to charge

Attorney3044 :

You can deny to pay and he has no chance to force you

Attorney3044 :

The contract has no way to be interpretated in this way

Attorney3044 :

If the contract do not say anything the owner has no right to modify or interprete the contract

Customer:

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"

Customer:

The agreement also states,

Customer:

"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."

Customer:

The owner sees this as an authority to change just about anything in the agreement.

Customer:

I am sorry but I got very little from this very brief chat, for £33.

Customer:

Your records will show that I have used you several time and been happy. But this was too brief

Customer:

I would simply like the follow up point answered; 2:18 pm onwards

Attorney3044 :

Hi Sir

Attorney3044 :

The owner has no right to change the rules when he wants to

Attorney3044 :

The new rules are not compulsory for the people who bought before

Attorney3044 :

So, you are no forced to obey new rules

Attorney3044 :

The way to defend your rights are in court

Attorney3044 :

People who disegree with the new rules could contrcat and attorney who forces the owner to stop the abuses

Attorney3044 :

You do not have to admit the abuse

Attorney3044 :

Thank you

Customer:

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".

Attorney3044 :

Yeah, thats right

Attorney3044 :

You do not have a obligation to admit it

Attorney3044 :

He can no change or onterpreted the agree as he wants

Customer:

Thank you. The way ahead is clear, but it just costs money.

Attorney3044 :

Well, if you get some more people with the same problem you could contract an attorney to defend you in court

Attorney3044 :

Also you could denounce him at the closer consumer protection service

Customer:

This point of law affects some 370 members.

Attorney3044 :

If you denounce him the consumer protection service could force him to stop the abuse

Customer:

Can the owner prevent us from playing until there is a court ruling?

Attorney3044 :

You have the 2 ways, in court, with a lawyer, or in the closer consumer protection service

Attorney3044 :

No he can no do that, he can no prevent you to use it as you want

Customer:

Thank you. I thing that is all. I do believe that you gave me a web site for the protection service some months ago.

Attorney3044 :

Sure I did

José M., Attorney
Category: Spain Law
Satisfied Customers: 4615
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you

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