Does community have the right to cut off utilities ?

[Aajay]

I have a long term rental contract of an apartment in an urbanisation. When I moved in I took up the option of fast broadband with a service provider. This “arrangement” is via the community. It is nothing to do with the apartment owner. I was given no document by the community; I was simply told to pay the initial set up cost and subsequent quarterly amounts. Recently, due to an overdue amount of community charges payable by the owner the community instructed the service provider to cut off my service. This was without any warning to me or, so far as I am aware, to the owner. It was done on a Friday afternoon leaving me with no internet, TV, e-mail, internet banking etc etc. The service provider flatly refused to reinstate the service without authority from the community, saying I had no contract with them despite the fact I signed a document entitled “Contrato de Servicios” detailing all services with a small tick box saying “Solucion comunitaria”.

Does the community have the right to cut off utilities in this manner, whether the apartment is occupied by me or by the owner ? Could this extend to water or electricity ? I consider broadband these days to be an “essential service” and a right. Any insight to the legal position would be very welcome.

[Yolanda P. – Ypama Abogados]

Hi,

It is not possible to give you “legal advice” without studying your documentation: rental contract and “contrato de servicios”, and talking to the Administrator/President of the Community to find out what has happened and why they have given that instruction to the provider.

Having said so, I must say that according to what you have told us I don’t think the community has acted correctly, although broadband service is not consider an “essential service” as water or electricity.

Kind regards

Yolanda P.

 

 

[Ulf Norberg]

Would it be better, if the owners that pays the communtý fees, continue to pay also for YOUR apartment costs?

This is the case when some owner do not pay the community fees!

To take them to court takes long time…years!

So I fully understand this action from the community!

Get your own Internet, so is that problem solved!

You can for instance use your Mobile phone as a WiFi!

 

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