Community fee increase

Our community had its agm in the middle of April last year and voted to increase the community fees by nearly 100%! They had not collected the first and second quarter fees by direct debit on 1st jan and 1st April due to a change of community bank account and administrator.  Not wanting to get into arrears I had requested the new bank details and manually paid my fees on the usual dates. 
 The question I am having trouble finding an answer to is once the new fees were agreed at the agm can the increase be backdated to the beginning of the year? I have read the minutes thoroughly and cannot find any mention of it. 

If the minutes do not provide clarity over what was decided, or based on what, I suppose the first course of action should be to speak to other residents about it, or speak to the president of your community. 

In Spain, community fees are typically agreed upon during the Annual General Meeting (AGM) and are usually set for the year. However, whether an increase in community fees can be backdated depends on the specific decisions made during the AGM and what is outlined in the community’s statutes (reglamento de régimen interno) or any prior agreements.

Here’s how to address your situation:

1. AGM Decision: If the increase in community fees was agreed upon during the AGM in April, this would usually apply moving forward from the date it was approved. The increase is not automatically backdated unless explicitly mentioned in the minutes or formally agreed by the community members. If the minutes don’t reference a backdating clause, then the increase would generally apply from the date of the AGM onward.

2. Review the Statutes: You should check the community's statutes or internal regulations. These documents often define how changes to fees are handled, including whether increases can be applied retroactively. If the statutes don't specify that fee increases can be backdated, it’s likely that the increase should only apply from the AGM date.

3. Confirmation in the Minutes: If the minutes do not mention backdating, and the fee increase was voted on and agreed after the start of the year, the community may not legally charge the increased fee for the first quarter or any prior months unless there was a specific provision allowing for backdating, or the community agreed to this separately.

4. Consult with the Administrator: Given the complexity and the potential for confusion with the bank account change, it would be best to contact the community administrator to clarify whether the increase is being applied retroactively and why. They should be able to explain whether the backdating is justified or whether it was a mistake.

5. Legal Advice: If you feel that the fee increase should not be applied retroactively, and the administrator or community is insistent on this, it might be worth consulting with a lawyer who specializes in community property law to confirm your rights in this situation.

In summary, unless explicitly stated in the minutes or agreed upon in the AGM, the fee increase should not be backdated to the beginning of the year. You’re right to look carefully through the minutes, and if you can't find any mention of it, it's likely the increase is not applicable before the AGM date.

Thankyou Maria for your very in depth reply. My challenge to the administrator was referred to their director and met with the reply that the budget that was voted on was for the current year therefore the fee increase applied to the whole year. I asked where this was stated in the minutes or the statutes and she has not responded. I also asked her whether since the majority of owners, through no fault of their own, were not up to date with the fees, due to the bank account change, did this mean that legally they were not entitled to vote in the agm. She has not responded to this question either. I asked the president for his opinion but he has since resigned!

Thank you for sharing your situation. Given the lack of clear responses and the legal issues you have raised regarding voting rights and the approval of the budget, I would recommend seeking advice from a lawyer with experience in property and community matters. It could help ensure that your rights, and those of other owners, are properly protected.