Although we are in PM1, we have also recently had problems with community fees. Before we completed in July 2007, I checked, double checked and checked again with everyone involved that community fees up to the date of completion were due to be paid by the developper. Our solicitor assured us that this was the case. But in November we received a slightly heavy handed communication from Ammex saying that we owed approx 2,000 Euros, including 1,700E relating to pre-completion. I then had about 3 days of emails flying back and forth, with Ammex saying it was my responsibility to get the developer to pay and if I had not formally notified them via our solicitor that we would be liable. I then emailed our solicitor, but Ammex and the solicitor emailed each other and between them decided that as a direct debit was not set up, our solicitor would do so, Ammex would take the money they wanted from our account and the issue was over!! Unfortunately for them and fortunately for us, we did not give our solicitor power of attorney to sign or set up anything on our behalf, I did it all myself, so they were somewhat scuppered with this plan and both Ammex and the solicitor had to actually correspond with me again! End result - after about 5 days, Ammex and the solicitor agreed we were only liable for fees since completion and between them they would do what was necessary to get the cash from the developer. What really irritated me over the whole thing was that Ammex and the solicitor tried to deal with it between them and keep me out of the loop. I have also been put under pressure to set up a direct debit, but I have made it clear that I will only do so when the arrears are paid by the developer. I have no problem paying the community fees in a timely fashion, when I am sent an invoice in an equally timely fashion, but I refuse to have other people helping themselves to incorrect amounts of cash out of my Spanish bank account!!
If anyone else is in a similar position, I would advise them to take a stance, legally the developer is liable for the fees up to the date of completion, this is a fact, however many times anyone tries to tell you otherwise. However, if it had just been a few hundred Euros due by the developer (instead of 1,700E), I too probably would have just paid it and moved on.
As Ammex waived the rule last year about owners voting at the AGM even though there were outstanding community fees, I would expect them to do the same where the outstanding fees relate to pre-completion, as that is the equitable thing to do. However, like others, I feel strongly that owners must pay their own liability for fees, for the benefit of the whole site and if they are not paid up by the time of the AGM's, then they should not be allowed to vote. This does mean that Ammex may have to do a little more work in ascertaining who owes what fees on each apartment, prior to the AGMs in order to be equitable. I would very much support Ammex and the Presidents in being heavy handed with any owner who does not pay their fees - as long as those fees are correctly due by the owner.
Emma