HPA section 9.4 Contribution to expenses

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16 Oct 2009 00:00 by arne56 Star rating in La Cañada and Uppsal.... 178 posts Send private message

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I have always got the impression that "normal" expenses (maintanance, electric administration ...) should be shared in accodans with the quota.

In our recent budget poposal, the cost is divide into two cathegories:Expenses per coeficient (cleaning, repair, insurance aso) and Expenses on the same chare (Electricy, watergarden and pool maintenance, othe pool costs)

Reason is:" On the new licence building and Horizonal division it is said that the expenses related to the use and maintenance of
the pool as well as communal area in which is it located are to be paid by all the owners on the same share."

Before I challange this it would be nice to have an experts viewe on the "new" rule.



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16 Oct 2009 18:10 by deniseatnycs Star rating in Sol Golf Nr Villamar.... 143 posts Send private message

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Hi Arne

Unless I have read your posting wrong, which of course may be the case, it would seem that the proposal is just to list the expenses under two different headings.  If this is the so it could be just to make the expense report easier to read for owners in general.

As a rule, especially on new Urbanisations (not sure if yours is or not) , these items are suggested by the Administrators who often have many years experience with urbanisations but are constantly updating thier ways of working especially were non Spanish owners are the majority.  Any one else out there with any ideas on this one?



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16 Oct 2009 18:15 by arne56 Star rating in La Cañada and Uppsal.... 178 posts Send private message

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The issue here is that pool costs and administration cost is shared equally between all owners regardless of quota. Is this a new law? This it nothing we have decided as ownes.



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16 Oct 2009 18:32 by deniseatnycs Star rating in Sol Golf Nr Villamar.... 143 posts Send private message

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Hi Arne

No that is standard if every cost was shared percentage wise by the size of the plot or dwelling it would be a logistical nightmare.

Hope this helps. 



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16 Oct 2009 20:45 by Joe1949 Star rating in Manchester. 58 posts Send private message

I pay my Community Fees on the basis of my co-efficient e,g 0.55% amongst 200 properties. This was set up 4 years ago and I often wonder why my share of the Pool,electricity ,gardens maintenance ,admin etc  should be 0.05% more than it would be on an equal share per property  just because I have a storage/ trastere and underground car park spot. 





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26 Oct 2009 23:16 by arne56 Star rating in La Cañada and Uppsal.... 178 posts Send private message

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I have now got the information that in the Obra Nueva y División Horizontal, the deed for the community which I have never seen, it is stated that pool and pool area costs and administrator costs shall be of "equal share" and not by quota. Is this legal? Is it compulsury if it is in the deed or can it be changed? Obviusly the builder is the one who gains as they still own the big houses.


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26 Oct 2009 23:17 by arne56 Star rating in La Cañada and Uppsal.... 178 posts Send private message

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I have now got the information that in the Obra Nueva y División Horizontal, the deed for the community which I have never seen, it is stated that pool and pool area costs and administrator costs shall be of "equal share" and not by quota. Is this legal? Is it compulsury if it is in the deed or can it be changed? Obviusly the builder is the one who gains as they still own the big houses.


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27 Oct 2009 08:49 by spanishsolicitor Star rating in Murcia. 140 posts Send private message

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It is legal to establish in the master deed that "equal share" and in order to ammend that sort of clause it is required unanimity

Every prospective owner who is thinking of buying property in a community should check the master deed

 



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27 Oct 2009 12:37 by arne56 Star rating in La Cañada and Uppsal.... 178 posts Send private message

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Thanks Felix

We are still learning things. Trouble is if you dont know what to ask for, they will not tell you.

As I understand you, that if I say "no" in the AGM, all costs must be divided according to quota as in HPA.

I have asked the Administrator to make a summery of the Master Deed but it will probably not be ready in time for the AGM. If the spanish text is somewhat like the deed for our house, I would not be able to understand it. I will now ask for the original text.

Arne



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27 Oct 2009 16:25 by spanishsolicitor Star rating in Murcia. 140 posts Send private message

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Section 9 (e)  establishes as a duty of each commonholder  to contribute, according to the commonhold allocation specified in the commonhold community statement or to what may have been specially established, to the overall expenses for the appropriate maintenance of the building, its services, burdens and any responsibilities that cannot be allocated individually'.
Thus, in your case the master deed established these two methods to calculate contributions depending on which expenses are considered.
You cannot challenge the master deed; you only might amend the master deed by unanimous consent of the owners’ committee


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27 Oct 2009 18:02 by sp1946 Star rating in Playa Flamenca, Orih.... 14 posts Send private message

I would love to see my 'Master Deed'. Is this the same as the Statutes &, if not, can anyone tell me what is the Spanish for 'Master Deed'. Do I take it that I should ask the Administrator for a copy or should it have been provided to me as a matter of course?

My escritura shows my coeficiente but the Community of Owners was established by only 20 owners after they took possession of their properties & before the remaining 125 properties were completed. There has never been a formal decision for all owners to pay equal shares, despite properties of  greatly varying sizes, but in practice this is what has happened so far. As you might guess, my property is one of the smallest.





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27 Oct 2009 18:44 by arne56 Star rating in La Cañada and Uppsal.... 178 posts Send private message

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Sp1946: In our community the administrator calls it: Obra Nueva y División Horizontal

spanishsolicitor: Looking throught all the goblydegook in my own deed I see that this statue is there. This was just one of the small details our big law firm in Torrevieja forgot to tell us about.

PS Your book is of endless value. Thank you!



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10 Nov 2009 22:00 by arne56 Star rating in La Cañada and Uppsal.... 178 posts Send private message

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I have asked our Administrator for1) a copy of the Master Deed and 2) a condesed version in English with the things every owner need to know.

On 1) they answered that it is 100 pages and they are not capable of copying that much and on2) there is no reaction at all.



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