Changes in our fees

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29 Apr 2010 12:00 AM by jeff martin Star rating. 6 posts Send private message

 I wonder if you can advise.

I have had a look round the forum for a similar problem but don't seem to be able to find one

Three years ago we retired to a villa in Costa del Sol.
Our villa is in a small villa community.  We are part of a small resort of 4 communities, the other three are apartment blocks.
There is a pool and gardens shared by all the communities.
 
Everything was fine until the previous president retired through ill health.
 
The new president is from the apartment blocks.  He feels that the apartments are subsidising the villas.
The villas and the penthouse apartments have larger terraces which the new president says were not properly accounted for in the quotas in the deeds.
 
The new president had a resort meeting quite recently at which there was a vote on the way the fees are shared out.
A new system was proposed which was a combination of the size of the properties and other factors.  To be honest I don't really understand it.  
 
What I do know is the apartment communities passed the vote for this new system and as there are 3 times more apartment owners, so the vote for the new system was passed in the resort meeting.
 
This new system has meant we are facing big increases in our fees. 
We cannot really afford these, especially as our pensions are paid in sterling.
None of the villa owners want this change and neither do those in the penthouses.
We do not think this is fair.  We we bought out place from the previous owner we were careful to make sure what all the costs to us would be.  Our solicitor showed us the deeds and explained how the fees were worked on from the percentage in our deeds.  If we knew it was going to be like this we would not have bought our place.
 
Is there anything we can do about this?





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29 Apr 2010 6:14 PM by Faro Star rating in London. 1139 posts Send private message

http://www.eyeonspain.com/forums/posts-long-9916.aspx

The above was a similar thread posted a month or two ago.

Might be worth seeing what happened there?





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29 Apr 2010 6:31 PM by jeff martin Star rating. 6 posts Send private message

 Thanks Faro

I'm not sure if it is the same.  Most of our community costs are for the pool and looking after the gardens.

I don't use the pool but I can understand everyone needs to pay their bit.

Everyone pays a share for the pool and gardens but it now the villa owners plus penthouses are being asked to pay a bigger share.

We were struggling as it was so now there won't be any luxuries at all.





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29 Apr 2010 6:48 PM by morerosado Star rating. 6927 posts Send private message

morerosado´s avatar

i've a very strong feeling this has cropped up before (I'm here a lot as you'll realise so I see more maybe than many).

If Maria de Castro was answering I'm reasonably sure she'd say that as it was voted on you are stuck with it.

It annoys me that we have only a small 2 bed villa on a much smaller plot than the 3 bed villas are plus some 3 bed villas that are on the ends have much larger gardens than the other 3 bed villas. Our president owns a 3 bed villa on a corner plot, enough said ! We ALL pay the same! There are MANY more 3 bed villas than 2 bed illas so it will ALWAYS be voted in favour of the 3 bed villas.



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29 Apr 2010 7:00 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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Section 3 of the Horizontal Law states:

 

 

"An assessment quota shall be allocated to every unit in relation to the value of the building and expressed as a percentage of said value. Said quota shall serve as a coefficient to determine individual unit shares in the expenses and benefits of the community. Improvements or impairments shall not affect the quota allocated to an individual unit, which may be altered only by unanimous agreement".

I'm 99% certain your "majority" vote on altering the assessment quotas, which will be listed in the master deed (estatutuos) and every owner's individual deed, is not valid. Hopefully Maria can copnfirm this?

 



_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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29 Apr 2010 7:09 PM by morerosado Star rating. 6927 posts Send private message

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So, the communiuty has to abide by The H Law, (I knew this ) but try telling our lot, Roberto!!! They chop & change rules to suit the situation & we have given up arguing! I was almost lynched when I stood up to them last year. Our AGM is coming up & we'll be down the beach letting those who run the roost do as they always do, we then will do as we want!

Good luck Jeff.



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29 Apr 2010 7:34 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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Fair point, but I bet if they upped your fees significantly (whilst reducing other's) you'd grab your towel and factor 50 and run straight back to state your case!



_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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29 Apr 2010 7:35 PM by jeff martin Star rating. 6 posts Send private message

So I will have to wait for the solicitor.

It just seems that when we bought our villa we signed for the deeds and the previous owner and our solicitor were really helpful in explaining it all.

My understanding was we were signing for the way our fees would be.  We really relied on knowing this and even more now, we are on pensions for the UK.  





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