Expenditure before establishment of community...... liable or not?

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28 Nov 2007 00:00 by laup Star rating. 7 posts Send private message

I bought a flat 5 years ago in a block built some 6 +years earlier. There was no "community" as the developer still held 75% of the flats  - and still does 11 years since building them. I got a letter from him stating that there were no outstanding charges against my flat when I purchased. They have maintained and funded the building ever since, presumably out of their rental income.

One year ago they decided to form a formal community. We held a meeting, elected officers and agreed a quarterly charge which I have paid every 3 months.
 We - the other owners - have been notified of arrears of charges now due for the period since the property was built ( mine proportioned for the time I have owned it).
Since there was no formal community in existence, can they ask for arrears, and should we pay? I understood that the developer was responsible until he handed over to community of ALL the owners?

I am not against making a contribution towards bills such as electric, water, pool cleaning etc. but over half of the amount they want is for painting the block - which they carried out themselves and without our being consulted.
I have carried out minor repairs and dealt with various items as my contribution to the well being of the community but sought no recompense as I was not paying any charges - or so I thought!

We have an AGM in a few weeks, what should I do?




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29 Nov 2007 16:13 by Karensun Star rating in Orihuela Costa. 1744 posts Send private message

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As far as I am aware an owner is cannot pay fees until such time as a Community is handed over via a properly constituted meeting.

Any Rule, or agreement about anything decided at the meeting CANNOT act retrospectively. ie. if there was no agreement about com. fees ( because there had not been hand over and meeting ) then they can only be claimed from the date they were agreed by the majority of owners.

Unless you had some agreement with the builder about water and electric, then he is responsible for that too.......you are responsible when you have a contract for water and electric in your own name..unless you are a renter with an agreement!



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29 Nov 2007 21:36 by laup Star rating. 7 posts Send private message

Hi Karensun,  thanks for that information. The electric bills etc. that I referred to are only community ones, I have paid all my own bills and taxes myself....it is just this sudden revelation of community charges for past years that has thrown me.  They never informed myself or any of the other owners of any meetings in past years, so even though they own 75% of the building I imagine that we should have been formally involved if they expected us to share costs.
Thanks again for your reply. P.



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29 Nov 2007 21:48 by Karensun Star rating in Orihuela Costa. 1744 posts Send private message

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You should check with the Administrators to make sure there have been no meetings.

In any event, if you have not been informed, this would mean the meetings have not been properly constituted and you are not liable.

Be warned though, the administrator is only legally committed to informing you of AGM s to your fiscal address in Spain....they do not have to post information to you out of Spain, although most do.

It doesn't matter who owns what, things have to be done properly in Spain.........see the Horizontal property Law................and it is quite strict, but fair.



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30 Nov 2007 12:44 by laup Star rating. 7 posts Send private message

The administrator was only appointed at the meeting a year ago when the current "community" was formed.  I'll ask them for records of previous administration - if they can't access any I'll presume that there was none in existence! Would any past legal entity have had to have been recorded at the local land registry or any other body?  I understand that there are certain records that must be kept for a community to be legal - what are they called in Spanish, and can I require to have access to them?
Thanks again for your interest in this case!
Regards, P.



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30 Nov 2007 14:33 by Karensun Star rating in Orihuela Costa. 1744 posts Send private message

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As an owner, you have every right to see ANYTHING to do with your Community.

Records of AGM and EGM MUST be recorded and stamped somewhere in Madrid ( I think )..................I will be going to our Administrators at the begining of next week and I will ask exactly  where the have to be registered and what the proper name is.



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30 Nov 2007 22:36 by laup Star rating. 7 posts Send private message

Thanks again Karensun, that information would be most useful. P.



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