HPA section 9.4 Contribution to expenses

I have always got the impression that "normal" expenses (maintanance, electric administration ...) should be shared in accodans with the quota.

In our recent budget poposal, the cost is divide into two cathegories:Expenses per coeficient (cleaning, repair, insurance aso) and Expenses on the same chare (Electricy, watergarden and pool maintenance, othe pool costs)

Reason is:" On the new licence building and Horizonal division it is said that the expenses related to the use and maintenance of
the pool as well as communal area in which is it located are to be paid by all the owners on the same share."

Before I challange this it would be nice to have an experts viewe on the "new" rule.

Hi Arne

Unless I have read your posting wrong, which of course may be the case, it would seem that the proposal is just to list the expenses under two different headings.  If this is the so it could be just to make the expense report easier to read for owners in general.

As a rule, especially on new Urbanisations (not sure if yours is or not) , these items are suggested by the Administrators who often have many years experience with urbanisations but are constantly updating thier ways of working especially were non Spanish owners are the majority.  Any one else out there with any ideas on this one?

The issue here is that pool costs and administration cost is shared equally between all owners regardless of quota. Is this a new law? This it nothing we have decided as ownes.

Hi Arne

No that is standard if every cost was shared percentage wise by the size of the plot or dwelling it would be a logistical nightmare.

Hope this helps. 

I pay my Community Fees on the basis of my co-efficient e,g 0.55% amongst 200 properties. This was set up 4 years ago and I often wonder why my share of the Pool,electricity ,gardens maintenance ,admin etc  should be 0.05% more than it would be on an equal share per property  just because I have a storage/ trastere and underground car park spot. 

It is legal to establish in the master deed that "equal share" and in order to ammend that sort of clause it is required unanimity

Every prospective owner who is thinking of buying property in a community should check the master deed

Thanks Felix

We are still learning things. Trouble is if you dont know what to ask for, they will not tell you.

As I understand you, that if I say "no" in the AGM, all costs must be divided according to quota as in HPA.

I have asked the Administrator to make a summery of the Master Deed but it will probably not be ready in time for the AGM. If the spanish text is somewhat like the deed for our house, I would not be able to understand it. I will now ask for the original text.

Arne

I would love to see my 'Master Deed'. Is this the same as the Statutes &, if not, can anyone tell me what is the Spanish for 'Master Deed'. Do I take it that I should ask the Administrator for a copy or should it have been provided to me as a matter of course?

My escritura shows my coeficiente but the Community of Owners was established by only 20 owners after they took possession of their properties & before the remaining 125 properties were completed. There has never been a formal decision for all owners to pay equal shares, despite properties of  greatly varying sizes, but in practice this is what has happened so far. As you might guess, my property is one of the smallest.

Sp1946: In our community the administrator calls it: Obra Nueva y División Horizontal

spanishsolicitor: Looking throught all the goblydegook in my own deed I see that this statue is there. This was just one of the small details our big law firm in Torrevieja forgot to tell us about.

PS Your book is of endless value. Thank you!

I have asked our Administrator for1) a copy of the Master Deed and 2) a condesed version in English with the things every owner need to know.

On 1) they answered that it is 100 pages and they are not capable of copying that much and on2) there is no reaction at all.