Unfair distribution of charges

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09 May 2009 12:00 AM by Mel1721L Star rating in Condado de Alhama, S.... 90 forum posts Send private message

I am standing for president of Jardine 8, Los Naranjos. My thoughts are to reject both budgets until the divisions between the Jardines and Los Naranjos are removed and the total cost of the budget distributed equally among similar properties. There can be as much as 20 Euros difference between people who own different properties on different gardens.

This seems to have been set in stone by the architect and must be corrected. I certainly had no idea when I bought my property that the community charge would be higher than many other gardens. If I had known, I would have bought in another garden. I'm not even sure of the legality of what they have done.

Are there many people here who would consider witholding the community charge until this issue which has angered many people is put right?

Mel Beasley 



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09 May 2009 5:55 PM by graham204 Star rating. 144 forum posts Send private message

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Hi Mel,

Whilst I totally agree that we should all pay the same amount for similar sized properties, not sure if withholding payment would  be ideal. If Rpm are not getting any income how can we expect services to be delivered and maintained.

Regards

Carol Anne



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09 May 2009 9:53 PM by dringman Star rating in www.Condadoexcursion.... 772 forum posts Send private message

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This question has arisen many times and I know that when the association met they agreed with this principal. However advice is it is illegal to do it the way you said, It is set in leglislation and your deeds. It would be expensive to appoint lawyers to change it and it would probably not be succesful. Please take independent legal advice but you will have to pay for this. See La Torre web site , they have named debtors and are preparing legal action to put a charge on the property of owners who are behind in their payments. A conunidad can seek an order for your property if you do not pay.

 

It is up to you but there are consequences



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09 May 2009 10:12 PM by Jann Star rating in Merseyside and Jardi.... 802 forum posts Send private message

Dringman this is also the advice I was given by our agents. To change the percentage requires each owner of each property to agree, plus they all have to contribute to the legal costs and at present anything to do with property is taking a very long time to get to court in Spain- years in fact. Essentially a 2 bed in one Jardine (or any community plot) does not necessarily represent the same quota as any other two bed in another Jardine (or community plot). What exists in CdA is not unusual in Spain. Many of us provided Bank detailson completion as it was part of the  documents sent through PW- so cannot withold payments. Wouldnt actually want to as services still have to be paid for.


 



This message was last edited by Jann on 10/05/2009.

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10 May 2009 7:56 AM by michaelhardy Star rating in Bishop Auckland & Ja.... 597 forum posts Send private message

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I agree with Jann and Dringman on this issue.

It is unfair that apartments of the same size have so much variation in community fees as we all have the same facilities but these fees have been set in the deeds.

Withholding community fees is not the way to go as the only people who will suffer are ourselves - not Polaris or RPM.  People will soon complain when they can't use the swimming pools because they are dirty or that we start to get a problem with vermin because the bins aren't emptied enough. 

The best thing we can do is get our community up and running and although it seems our hands are tied with some of the contracts that polaris have issued, work at getting the best value for money to keep our resort looking good.

 



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10 May 2009 8:43 AM by duffiest Star rating. 30 forum posts Send private message

I too agree with holding payment is not the way to go the place is still not fully up and running yet and we need to attract more buyers not put them off because the place looks run down through lack of care,




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10 May 2009 8:55 AM by Sonatigh Star rating in Condado de Alhama Re.... 621 forum posts Send private message

 Late Payment will incure a 20% increase (Its in the rules) so will cost individual more = certainly not a good idea

Additionally if many withhold payment the Resort will deteriorate very quickly.



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10 May 2009 11:05 AM by michaelwr Star rating. 96 forum posts Send private message

Hello,

       I;m in Jardines 3 and at the lower end of 75euro;s.   I can see some Jardines are larger than other so economies of scale but in the scheme of overall charges I would have thought the cost to maintain the indiviudual area is much less than the overall resort charges.

I would be happy all Jardines 2 beds pay one fee, 3 beds pay another on the basis greater occupancy so greater use of facilities.

Main issue I have is why the Naranjos are so high and the penthouses so low? The penthouses have a low density / pool, lifts and communual access.

The budget mentions pools/gardens at Naranjos/Jardines but nothing for the Penthouses? Seems odd.




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10 May 2009 7:42 PM by Youngers Star rating. 89 forum posts Send private message

Michael

Thats exactly what I have been wondering too re why the penthouses are paying so little.  I thought something like 2/3 of the bill was due to allocations from the general charges which based on a jardine bill would cover all the penthouse cost so there seem to be no specific penthouse costs on top.

Seems very wrong to me

Wayne




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10 May 2009 8:56 PM by cuz Star rating in Warwickshire and Lo.... 685 forum posts Send private message

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The only way to get something done about this is to vote or send proxy vote for someone on your garden as rep



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10 May 2009 9:06 PM by ptan Star rating in Los Naranjos Jardine.... 1696 forum posts Send private message

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That's a good point June, there is no excuse for everyone of this forum not designating a proxy vote if they cannot get to the meeting in person.   So far we only have nominations fo 10 of the 36 level 3 presidents, are there any residents out there that can step up to the mark?  If your garden doesn't have a resident, then a non-resident can still be nominated, just ensure you have someone who is attending the meeting that can get your proxy votes.

For details of the nominations so far see
http://www.eyeonspain.com/community-for ... tions.aspx


Phil


 



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10 May 2009 9:51 PM by Kev1 Star rating in Condado De Alhama. 826 forum posts Send private message

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There is an excuse - how do we know who is attending the meeting ?

We need to be careful it doesn't get highjacked by people looking after their own vested interests but it is difficult to do anything from so far away when we don't have any contacts ! Hopefully once people have owned properties for longer and we've got to know our neighbours we can organise ourselves better. I guess Jardins are ahead of Naranjos in this as they are slightly more established.

Penthouse costs are lower because they are 4 high and don't have the nice big gardens to keep ! However, the costs for their cleaning look a tad high. I've applied for a job as a stair cleaner.




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10 May 2009 10:16 PM by ptan Star rating in Los Naranjos Jardine.... 1696 forum posts Send private message

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There is an excuse - how do we know who is attending the meeting ?

Exactly the point.  why leave it to chance?  If there is someone who you either know or have conversed with via EOS or aware of the work they have been doing is it not better to vote for them than gamble with a complete unknown?

We need to be careful it doesn't get highjacked by people looking after their own vested interests but it is difficult to do anything from so far away when we don't have any contacts ! Hopefully once people have owned properties for longer and we've got to know our neighbours we can organise ourselves better.

A good point, I agree that PW are wrong in pushing the setting up of the community so fast, at other resorts it has been 2/3 years before this has happens.  But, so do nothing and wait until next year elections?  Are you happy with the excellent job that RPM have been doing ( at thier FIRST resort ) . Are you happy with the budget? Are you happy with the security? Are you happy with the TV system, the lack of telecomms, the lack or Internet?  If yes then fine wait another year and hope it all gets sorted. Other wise do something now!   This is only for the coming year, once people have owned properties for longer and you've got to know your neighbours vote for them next year.

I guess Jardins are ahead of Naranjos in this as they are slightly more established.

Indeed they are and have 6 Spanish residents standing, who have also been working very work to sort RPM out and have been instrumental in getting the fees reduced.  Hopefully in time more people will become resident in Naranjos, but the elections and time to act is now,

Penthouse costs are lower because they are 4 high and don't have the nice big gardens to keep !

But the penthouses are part of the bigger Naranjos r9 & r12 comminities and pay thier share of the cost of the shared gardens and pools.  Thier quota was set by the architect, but do seem on the low side in relation to the community as a whole.

However, the costs for their cleaning look a tad high. I've applied for a job as a stair cleaner.

Join the queue for that one

Phil

 



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10 May 2009 10:16 PM by Skell Star rating in North Stand Lower, C.... 408 forum posts Send private message

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In response to Michealwr comment re Penthouse costs.........The Penthouse are part of Los Naranjos resort, so the Penthouse pools costs etc ARE included in the Los Naranjos breakdown.  They are not a resort in it's own right.  In addition the density of dwellings to land mass is much greater to the Jardines with no or very little gardens - hence the cheaper comunidad  

Nick 



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10 May 2009 10:31 PM by Kev1 Star rating in Condado De Alhama. 826 forum posts Send private message

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Thanks Phil - I appreciate everyone is trying to do the right thing but

- I don't know anyone who is attending the meeting

- Haven't met anyone in our area as yet

So can either vote for someone who may not represent my interests or leave it to those already doing it who may or may not be doing a good job. What a mess ! Still - you're right. We have to keep working at it and hopefully it'll all come right in the end. The main thing is to keep RPM well scrutinised while we sort ourselves out. I can't see any point in changing the management company at the moment as that will just destabilise the situation further. Hopefully, in years to come we can have more organised elections and input.

Hopefully we'll also become aware of some non EOS owners to boost our numbers !




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11 May 2009 8:40 AM by georgeh Star rating in condado de alhama sp.... 1462 forum posts Send private message

the penthouses and front line appts  can use all the facilities and all the pools and gardens on condado.so why they only pay 60% of the community fees in comparison to a 2 bed appt that has no garden of its own either is a joke.and oto cap it all we have to pay for their stairs to be cleaned and lifts to be run!i think they are having the cake not us!


 



This message was last edited by georgeh on 12/05/2009.

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12 May 2009 7:24 AM by Skell Star rating in North Stand Lower, C.... 408 forum posts Send private message

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George,

May I remind you of how the fees are calculated.  It is based on the Cueta value in your deeds, which in turn is based on the sq m of the properties (including terraces).  Cleraly all the Jardines have considerably more sq m of land (inside & on the terrace) - hence the bigger cost.  The view form the Penthouse baocaony has nothing to do with the community charge - That is reflected in the Purchase Price of the property.   You can't have it all ways George........Bigger property & cheaper Communidad.   The 60 % number you quote is based on the cheapest Penthouse v the dearest  Jardine.....not the normal, where the average difference seems less than €20.  I have no problem with the Penthouse owners paying for lifts / stair cleans etc - That is fair........but you cnat expect for us to pay for your gardens in the same way?   Again, you can't have it all ways.

I know you are angry at the moment with a certain Norweigan linesman, (who I have to admit did have a bad night) but please don't take it out on the Penthouse owners!!

Best regards

Nick

ps I'll send you a Postcard from Rome

 



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12 May 2009 10:26 AM by Alison&Simon Star rating in Hamilton,Scotland - .... 1102 forum posts Send private message

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Points well made Nick.  I was about to post something similar.  The phrase cake and eat it springs to mind!!

Simon



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12 May 2009 12:11 PM by PGM Star rating in Cheshire & LOS NARAN.... 862 forum posts Send private message

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Hi All

All properties of similar size have a similar coefficient value and are receiving the same services, so in my opinion should pay similar amount in charges. However the way the individual gardens and penthouses blocks have been apportioned in the budget, this has the affect of unequally distributing the cost, thus making some pay more and some pay less than others for the same provision whilst in similar properties (a difference of up to 23 euros per month). We are all responsible for the common areas and have equal right of access to them. It has been suggested that this can now only be changed if all agree and as those that have benefited from this will not vote for change success is not possible. I am not convinced that this is correct. I believe the way Condado has been divided for budgeting reasons is unfair to one or more of the owners and is in its self an abusive contract, furthermore it is damaging to the association. Please see extract from the Horizontal Property Act and our General Articles of the Association below.

Phil

 

In the

Horizontal Property Act in section 18 says:

  1. The resolutions of the general assembly may be challenged in court, in accordance with the provisions of the general procedural law, in the following cases:

a)      where such resolutions are contrary to the law or to the community statutes;

b)     where they are seriously detrimental to the interests of the community and benefit one or several unit owners.

c)      where they are seriously detrimental to some unit owner who has not the legal obligation to sustain such detriment or where they have been adopted in abuse of power.

 

In our

General Articles of the Association, Article 37 Appeals says:

  1. The agreement adopted by the homeowners meeting can be challenged before the courts in accordance with the provisions laid down in procedural law in the following cases.

A)    Where they are against the law and these articles of association

B)    Where they are seriously damaging for the interest of the association itself in benefit of one or more owners

C)    Where they are seriously damaging for the homeowner who does not have the legal obligation to bear the damage or when they have been adopted in abuse of law

 

 




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12 May 2009 12:23 PM by ptan Star rating in Los Naranjos Jardine.... 1696 forum posts Send private message

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Is there a Penthouse owner out there that has received thier deeds?

If so could you tell me the two quota % that are statedi it?

Thanks

Phil



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