Hi
We are currently having a traumatic time over our community fees which have been increased to a massive 383.49 euros a month, based on ficticious accounts and put into force by a 'designated authorised person' acting on behalf of the complex. The complex have fixed votes attached to thier buildings & therefore always have the majority vote to accept everything they want. We do not even have heated swimming pools & our apartment is a tiny one bedroom! So we do have massive problems as most owners cannot afford to pay this amount. The complex owns the exploitation licence as well, so unless we are within their rental program (which would run at a loss due to the community fees), we are unable to rent the apartments privately.
However, my question is whether IGIC tax of 5% is payable on the Community Fees. They say it is in accordance with Spanish Law 20/1991, but the details we have are in Spanish & we cannot translate easily. We do know this is a kind of VAT, but are not sure whether it should be added to the fees as surely we are effectively paying the money to ourselves to pay bills for the communal areas of the complex. We do have the use of an administrator (the complex again), and would imagine they are being paid for the work (lol) they do.
Could anyone help us with this please, or know of any good legal books (in English please!!) on the subject of Community Fees. We have dowloaded a copy of the Horizontal Law, but the 'desinated authorised person' refuses to answer any emails & we have been told he does not have any time limits in which to do this!