19 Jan 2010 12:00 AM:

Help please

Can a general resort president  put items on each small community  agenda within the resort legally, or should this be the small community president who decides with the owners?

Can they insist that proxy votes are only handed into the administrator not the small community within the general resort community president not seeing them?

We are being asked to vote on the new method of calculating the fees and also on changing the voting percentage, does this need a majority vote, ?  We have been paying this new fee calculation without a vote for two years?

I think I need a lawyer, can someone please point me in the direction of a lawyer in the Murcia region who speaks very good English?

 

Cheers

 

 

Thread: AGM

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17 Jan 2010 10:42 AM:

That is very kind of you with the information,

At last years Genral AGM presidents of the sub-communities voted on the new way of calculating the community fees, but two presidents voted against this, some people are telling us this has to be a unanmious decision not a majority decision. Which one should it be?  It looks all back to front to me.

Over the last 18 months, a small number of owners have disputed the way in which the community fees for this resort are calculated. We have looked at this matter in detail, and based on the information we have seen, and the legal opinion provided by the administrators at the last AGM in April 2009, we believe that the administrators are apportioning the community fees fairly amongst all owners. This was voted on and approved by the presidents at that AGM and owners are now being given a vote to ratify this at their community AGM.

 

 

 

 

 

 

Thread: Cuota

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16 Jan 2010 12:00 AM:

 Is this right?

However, in order for the cost of the ‘general resort services’, i.e. security, swimming pool maintenance,communal gardens maintenance and irrigation etc, to be allocated amongst all owners on a fair basis, the administrators cannot use the Cuotas as set by the developer, because these Cuotas were calculated differently for each property type. For example, the Cuotas for the apartments are based on surface area, whereas the Cuotas of the villas and townhouses are based on the area of the plot of land each property occupies. While this is fair for the direct costs of each sub-community, it is unfair for the general resort expenses such as swimming poomaintenance, etc., which are common to all. In order to correct this, the administrators had to find a method of calculation that was common to all property types and, therefore, they currently apportion the general resort costs by the surface area of each property, irrespective of the property type.

Therefore, the owner of a 3 bedroom villa will pay a larger share of the general resort costs than the owner of a 2 bed room apartment as they have a larger property, with a larger living space. Typically at the moment the community fees for a large 3 bed villa will be around 220€ a month as compared to a 2 bed apartment of around 100€ per month.

The administrators believe that all owners are currently paying a fair share of their direct community costs and a fair share of the general resort costs. Owners with larger properties pay a higher proportion of their own

community’s direct costs and of the overall resort general costs. The only exception to this is for administration and banking which is apportioned as a charge per owner as, of course, we all benefit from these equally.

 

 

Thread: Cuota

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