sub community fees

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20 Oct 2017 13:08 by J.t Star rating. 2 posts Send private message

I own a property in a master community made up of communities of apartment, townhouse and villas. Eight years ago our administrator took it upon himself to change the way fees are calculated in order to reduce the fees of the villa owning communities resulting in an increase in the fees of apartment owners, it was eventually accepted that the change was illegal and a vote was called to approve the fee change, it was voted on at the resort AGM and approved by a majority.

 I now understand that the vote would need to have been unanimous and feel we were tricked as our administrator is now insisting more than a year has passed and it would require a unanimous vote to go back to paying fees as per the quota written in our deeds.

My question is this, as sub communities are separate entities with our own presidents can my community call an EGM and vote to going back to paying our fees as per the quotas written in our deeds or are we forever stuck with the current fee calculations.





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20 Oct 2017 15:12 by nigel188 Star rating in Estepona. 619 posts Send private message

We have the same problem on our Urbanisation since 1994. Can Maria De Castro comment on this issue please.

 

Thank You

 


This message was last edited by nigel188 on 20/10/2017.

_______________________

Nigel




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24 Oct 2017 10:28 by mariadecastro Star rating in Algeciras (Cadiz). 9290 posts Send private message

Legal Questions? Speak to Maria Direct

Nigel188:

Fees as an expression of the shares ( based on proportionality)  of every property unit within the community, as per Horizontal Division, cannot be changed,  not even by unanimous consent. That is established by Law and no agreement against it is valid.

That agreement made by the Master Community is null and void.  As null, there are 15 years to challenge it. 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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26 Oct 2017 12:29 by J.t Star rating. 2 posts Send private message

Hi Maria, thanks for the reply.

I’m still a bit confused though, can you clarify what you mean when you say “that agreement made by the master community is null and void”, are you saying that if not challenged within 15 years it then becomes legal?

J.t





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