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mosquera

Posts: 47

8 helpful points

Location: Álora

Joined: 11 Dec 2023

Our water manager disbelieves we have water shortages and refuses to vist our houses to see for himself. He keeps calling us liars and even convinced the President , but he also refuses to visit our houses!!. The water manager has the only   key to the water pump room, but won't allow any of the Residents access to turn the Well pump on. I have copies of WhatsApp messages from the manager systematically  denying we have any water shortages and are very aggressive  in tone and manner. 

Holaitsdavid

Posted: Wed Dec 20, 2023 12:13am

Holaitsdavid

Very helpful member

Posts: 1481

559 helpful points

Location: Mijas Costa

Joined: 30 Mar 2021

Posted: Wed Dec 20, 2023 12:13am

Sounds like you need a Lawyer. Are you fluent in Spanish?  

mosquera

Posted: Wed Dec 20, 2023 10:14am

mosquera

Original Poster

Posts: 47

8 helpful points

Location: Álora

Joined: 11 Dec 2023

Posted: Wed Dec 20, 2023 10:14am

Sadly I do not speak Spanish. I have contacted about 20 English speaking  Lawyers, but received only a few replies. None are interested. A few misunderstood my case whilst others said as a matter of policy they don't get involved in community disputes. Very disappointing. I am looking for an English speaking Lawyer who has experience  of litigation. Most of my replies were from Spanish lawyers who were experienced  in house sales, tax, inheritance  law. 

Cazmac22

Posted: Wed Dec 20, 2023 12:55pm

Cazmac22

Helpful member

Posts: 229

69 helpful points

Location: Nerja

Joined: 11 May 2019

Posted: Wed Dec 20, 2023 12:55pm

mosquera wrote on Sun Dec 17, 2023 3:03pm:

Our water manager disbelieves we have water shortages and refuses to vist our houses to see for himself. He keeps calling us liars and even convinced the President , but he also refuses to visit our houses!!. The water manager has the only   key to the water pump room, but won't allow a...

...ny of the Residents access to turn the Well pump on. I have copies of WhatsApp messages from the manager systematically  denying we have any water shortages and are very aggressive  in tone and manner. 

When is your AGM? I would let it be known that you will be voting these people out. Get everyone involved to send complaints in writing or by email to your president. He can’t ignore everyone.

Also, have you checked that you’re not in a legally restricted area? There are a lot of provinces that have restrictions as they don’t have enough water.

Go

mosquera

Posted: Wed Dec 20, 2023 3:31pm

mosquera

Original Poster

Posts: 47

8 helpful points

Location: Álora

Joined: 11 Dec 2023

Posted: Wed Dec 20, 2023 3:31pm

Cazmac22 wrote on Wed Dec 20, 2023 12:55pm:

When is your AGM? I would let it be known that you will be voting these people out. Get everyone involved to send complaints in writing or by email to your president. He can’t ignore everyone.

Also, have you checked that you’re not in a legally restricted area? There are a lot of provinces that have restrictions as they don’t have enough water....

...

Go

Yes,  my Lawyer has done due diligence  on the Community and the water Well and all is legally recognised by Pizarra Town Hall. The idea of getting the residents to vote out the President and the Englishman who has the sole key to the pump room is not viable, because he has the overwhelming support of the Residents because  they do not want the job of getting out of their armchairs at night and driving to farmland to switch the water pump on!! He was a fool to take the job on, because he's  been forced to deny residents have water cuts so he can dismiss  their  complaints. It's  easier for him  to deny there are water cuts than get out of his armchair. He's  discovered he can bluff and lie, because not many residents live full time in the Community and are not aware their water supply is not arriving. So he turns their supply to his own house and has all their water!. The President is on his side because he knows what he's  up to, but doesn't  want the job of turning on the water pump himself. Consequently, any Resident who complains is instantly expelled from the WhatsApp  Community Group and accused of lying (including me) and receives nasty letters from the President threating legal action.  Oh! did I mention apparently, the Pesident  has his own illegal Well so isn't  reliant on the Community  water Well?! 

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Cazmac22

Posted: Wed Dec 20, 2023 3:39pm

Cazmac22

Helpful member

Posts: 229

69 helpful points

Location: Nerja

Joined: 11 May 2019

Posted: Wed Dec 20, 2023 3:39pm

mosquera wrote on Wed Dec 20, 2023 3:31pm:

Yes,  my Lawyer has done due diligence  on the Community and the water Well and all is legally recognised by Pizarra Town Hall. The idea of getting the residents to vote out the President and the Englishman who has the sole key to the pump room is not viable, because he has the overwhel...

...ming support of the Residents because  they do not want the job of getting out of their armchairs at night and driving to farmland to switch the water pump on!! He was a fool to take the job on, because he's  been forced to deny residents have water cuts so he can dismiss  their  complaints. It's  easier for him  to deny there are water cuts than get out of his armchair. He's  discovered he can bluff and lie, because not many residents live full time in the Community and are not aware their water supply is not arriving. So he turns their supply to his own house and has all their water!. The President is on his side because he knows what he's  up to, but doesn't  want the job of turning on the water pump himself. Consequently, any Resident who complains is instantly expelled from the WhatsApp  Community Group and accused of lying (including me) and receives nasty letters from the President threating legal action.  Oh! did I mention apparently, the Pesident  has his own illegal Well so isn't  reliant on the Community  water Well?! 

Oh dear, how awful for you!

I hope you get a resolution soon. Good luck.

mosquera

Posted: Wed Dec 20, 2023 4:33pm

mosquera

Original Poster

Posts: 47

8 helpful points

Location: Álora

Joined: 11 Dec 2023

Posted: Wed Dec 20, 2023 4:33pm

Cazmac22 wrote on Wed Dec 20, 2023 3:39pm:

Oh dear, how awful for you!

I hope you get a resolution soon. Good luck.

Thanks. I certainly  need it!. What the English man and the President  did not realise, is I screenshotted all  their WhatsApp  messages. So every time the Englishman denied I had water cuts I took a screenshot  of his message and passed it to my Lawyers. So they have a large number collected over 3 years to show in a Court of Law. Also, both live only two minutes walk from me, so the Judge will ask them why they did not visit my house see my water did not arrive??? How could they possibly know  it arrived or not, if they did not visit my house, when it's only a two minute walk? When the President  expelled me from the Community WhatsApp Group  he stupidly, informed me on his private  WhatsApp with his name, telephone  number and date/time. Naturally,  he did not tell the other Residents, but forgot you can screenshot WhatsApp  messages! So ALL the residents are shortly to find out! As for the Englishman, his denials  there were no water cuts is also to about to be exposed in Court. His range of excuses to avoid turning on the Community water pump include: I must have"broken pipes" and somebody must have deliberately  "cut" my pipe! 

Cazmac22

Posted: Wed Dec 20, 2023 6:08pm

Cazmac22

Helpful member

Posts: 229

69 helpful points

Location: Nerja

Joined: 11 May 2019

Posted: Wed Dec 20, 2023 6:08pm

mosquera wrote on Wed Dec 20, 2023 4:33pm:

Thanks. I certainly  need it!. What the English man and the President  did not realise, is I screenshotted all  their WhatsApp  messages. So every time the Englishman denied I had water cuts I took a screenshot  of his message and passed it to my Lawyers. So they have a l...

...arge number collected over 3 years to show in a Court of Law. Also, both live only two minutes walk from me, so the Judge will ask them why they did not visit my house see my water did not arrive??? How could they possibly know  it arrived or not, if they did not visit my house, when it's only a two minute walk? When the President  expelled me from the Community WhatsApp Group  he stupidly, informed me on his private  WhatsApp with his name, telephone  number and date/time. Naturally,  he did not tell the other Residents, but forgot you can screenshot WhatsApp  messages! So ALL the residents are shortly to find out! As for the Englishman, his denials  there were no water cuts is also to about to be exposed in Court. His range of excuses to avoid turning on the Community water pump include: I must have"broken pipes" and somebody must have deliberately  "cut" my pipe! 

I can’t believe you have been suffering this for 3 years!

Can you please post here to let us know what happens.

mosquera

Posted: Wed Dec 20, 2023 7:43pm

mosquera

Original Poster

Posts: 47

8 helpful points

Location: Álora

Joined: 11 Dec 2023

Posted: Wed Dec 20, 2023 7:43pm

Cazmac22 wrote on Wed Dec 20, 2023 6:08pm:

I can’t believe you have been suffering this for 3 years!

Can you please post here to let us know what happens.

OK will do. It all started when the Englishman and the President  decided to rip out the 20 year old previous system of the water supply. This was a control box a few yards from the Community houses. Each house had their own key and could turn on the water when ever they liked. The President and the Englishman decided this was not efficient so they decided to rip it out and have only two keys that gave complete monopoly  of the water supply to them. It has proved  to be a nightmare, because residents are now reliant on them to turn on the switch to the  pump when it trips. This happens very often. The Community  was originally Farmland, but the Farmer sold off plots to town dwellers who were allowed to grow their own vegetables and fruit trees. Over many years, houses were  built on the plots that were illegal, but gradually legalised by Pizarra  Town Hall, because they could collect profitable  rates and taxes for each plot. The water pump however, remained on the farmland and is still owned by the Farmer, but the Community has legal rights to it. The 70 yr old Englishman is supposed to get off his armchair everytime the pump stops and climb in his car, drive to the pump room  and switch the pump back on, but instead, he has come up with every excuse in the World to avoid it. The Englishman was a builder and employed by the President  to rip out the old system.  He is not charged  his Community  fees for his trouble, but this is illegal, because no member must profit to the detriment  of the Residents. (Horizontal Law Section 18) The majority  of the Residents are happy with the new system, but they are mostly Weekend owners so don't know if their water supply comes on during the week.  This is how the Englishman and the President  can fool them. Unfortunately,  I am a permanent Resident  so I often don't  get my weekly supply, because the Englishman has diverted it to his house, that supplies his two houses, a large  swimming pool, fish pond and lush tennis courts and garden lawns. I'm supposed to get 9 hours of water a week. Wednesday  Friday  and Sunday. I have contacted  many Lawyers, but they don't like Community Water disputes. 

mosquera

Posted: Wed Jan 17, 2024 6:57pm

mosquera

Original Poster

Posts: 47

8 helpful points

Location: Álora

Joined: 11 Dec 2023

Posted: Wed Jan 17, 2024 6:57pm

Cazmac22 wrote on Wed Dec 20, 2023 3:39pm:

Oh dear, how awful for you!

I hope you get a resolution soon. Good luck.

LIVING ON WELL WATER?

WHY YOU SHOULD NOT BUY A PROPERTY

IN COMMUNITIES SUPPLIED ONLY BY WELL WATER

Before buying a property in a Spanish Rural Community supplied only by

Well water you should check whether you have the right to access the

Well for inspections and repairs. Many Community Presidents

ban residents from gaining access to the Well pump.

There is also another vital consideration to confirm and this is who has

the key to the pump room and therefore, controls the Community water

supply.

Few rural properties in Spain are connected to Town Hall water, so it is

vital to find out how many residents have the key to the pump room,

because only one or two key holders can make your life unbearable.

Furthermore, when it comes to selling your property it can render it

impossible to sell and in the worst cases, worthless

Always find out if the Well is on someone else's land (by law it must be

outside the boundary of the Community). Also, if a key holder refuses to

check the pump, immediately report this to the Police if your water

supply stops and.. for how long it has stopped,_ because it can be for

many days.

Another thing to be aware of, is key holders to Community water pumps

set the days and hours and also divide Communities in half so residents

receive water on different days. If the pump stops during your allocated

days, it can mean no water for a week or more. If key holders live in the

half of the Community not affected, there are reports they

have dismissed complaints from residents living in the half not receiving

water.

Finally, NEVER believe what the Seller tells you, but always appoint a

Lawyer before buying a property where only one or a few residents hold

a key to the pump room and where the President has banned access to it.


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