| The Comments |
Poppyseed, will check the matter of more than one official per residence with our Administrator tomorrow.
All our owners pay the same community fees for each apartment whatever it's size, this was decided at the first AGM. Is this the way you pay, or do you pay differing amounts depending on the area you own?
_______________________
 ' Do unto others as you would be done by'
Now a non-smoker ! 
0
Like
|
Tinto said: "..........are you saying that if a Spanish person were at a meeting in England that a translator should be employed for him? I don't think that would happen"
No, not Spanish, but imagine if 33% of those present were Urdu speakers, for example. Do you think they would dare to not provide a translator? I think in light of the high percentage of non-Spanish speakers in Poppy's community, it's a reasonable question, but as I said before, I think a resolution would have to be voted and agreed upon at an AGM, for future meetings and correspondence to be in two or more languages. Legally, I don't think there is any obligation otherwise.
I see no problem with more than one committee member per residence, if the community agree to it, but they will still only have the one vote between them on any issues. Of course, if a couples property is registered in joint names, they actually have half a vote each in theory. I don't think it would make any sense, however, to have a husband and wife as president and vice president, since the VP's job is to assist the Pres and to act on his/her behalf in their absence, so unless they take seperate holidays.......
Karen, did vote to change the estatutos at your first AGM, because the amount each property owner pays is usually set down in the deeds as a percentage quota based on your square meterage. As far as I was aware, this was legally binding. Although all our apartments are identical, some have bigger terraces than others, so the quotas vary accordingly by a few decimal points. if the estatutos have not been altered and registered, surely future owners could dispute the fees?
_______________________
"Get your facts first, then you can distort them as you please"
Mark Twain
0
Like
|
To be honest, Roberto, at our initial AGM the only thing that was done was the election of the Presidente and the Administrator. When the new Presidente was asked about Com fees and forming a committee, he refused point blank and closed the meeting and left.
From there on in it was down hill all the way until the EGM three months later when my Hubby was lumbered with the Presidency.
I seem to remember something about the co efficients at that original meeting, so it probably was agreed to charge all the same.
I have been surprised that someone has not come up with the fact that a 2 bed apartment is paying the same as a 2 bed with solarium...............but it has not raised it's ugly head yet. ( it will now !! )
I am told that with one vote per apartment there can be only one official. And also that there is no legal obligation to have meetings and correspondence in any language other than Spanish and also that there is no legal obligation to post anything to do with the Community out of Spain.
We do, of course as we feel it is only common courtesy, but there is no legal obligation to do this.
_______________________
' Do unto others as you would be done by'
Now a non-smoker !
0
Like
|
I'm surprised that the developer, or the administrator they no doubt appointed for you to begin with, hadn't prepared an initial budget and advised every owner of their quota. I would check the legality of the decision to charge every property the same. As I said, unless the estatutos were ammended and the changes registered, I would have thought that the amount any owner should pay is the percentage (quota) of the total community budget as stated in their escritura. Unless it works in their favour, future owners may start to question why they are not paying their legal quota.
_______________________
"Get your facts first, then you can distort them as you please"
Mark Twain
0
Like
|
The Administrator appointed by the developer was chucked out at that first meeting when the now ex Presidente was voted in. After that NOTHING took place except the appointment of our now Administrator and a LOT of shouting.
I'll get my Hubby to check, but we have always had the same payment for all........I had assumed that it had been decided and it probably has.
Assuming this had been decided on, registered etc.,to change it now would need a 100% vote wouldn't it ? And those who would have to pay more would never agree.
_______________________
' Do unto others as you would be done by'
Now a non-smoker !
0
Like
|
To change it now if it was registered etc., yes, I suppose so. I just wondered whether the decision was registered (if in fact, as I understand it to be, that is the requirement).
When you buy a resale property, it's easy enough to get a copy of the previous AGM minutes, including the annual budget, and then work out how much community fees you should pay, by checking the quota in your escritura. I can just envisage future problems if new owners think they are paying more than their quota.
_______________________
"Get your facts first, then you can distort them as you please"
Mark Twain
0
Like
|
I don't think there is a happy solution to the issue surrounding fees. We have a small community of 63 in the Vega Baja area, some townhouses and other aparments. In the first years the blocks with elevators had to pay a slightly higher fee, now the administrator has decided that all properties pay the same.
Its a little unfair as when we purchased ours we chose a ground floor as my husband is disabled and we didnt want to get into a battle if the lifts were every out of order, so we now find ourselves paying more for the upper floors.
0
Like
|
I don't think there is a happy solution to the issue surrounding fees. We have a small community of 63 in the Vega Baja area, some townhouses and other aparments. In the first years the blocks with elevators had to pay a slightly higher fee, now the administrator has decided that all properties pay the same.
Its a little unfair as when we purchased ours we chose a ground floor as my husband is disabled and we didnt want to get into a battle if the lifts were every out of order, so we now find ourselves paying more for the upper floors.
0
Like
|
The administrator cannot "decide" anything. The administrator works for the community, and is directed by the president, who is the legal representative of the community. Furthermore, any change in matters such as individual properties quotas, can only be decided by voting at a general meeting.
Challenge this "decision".
In addition, I think I'm correct in saying that you cannot be obliged to contribute towards any community installations that are not available for your use. So, being on the ground floor, and having absolutely no occasion to use the elevator, you should not be paying towards its maintenance. (But check this with a lawyer!)
_______________________
"Get your facts first, then you can distort them as you please"
Mark Twain
0
Like
|
Thanks Roberto
Our AGM was held last week and as we were unable to attend ourselves our neighbour voted on our behalf. It appears we were outvoted even though out of the 63 in the complex only 1/3 have direct access to the lifts.
However, we are going to contact the administrator as we are not happy that we have to contribute to this facility.
Gracias
0
Like
|
Is it really true that if you do not use a facility then you do not have to pay for it's upkeep? How about if you have a private pool can you refuse to contribute towards the upkeep of the communal pools?!!!
What happens if a neighbour on a higher floor invites you to come for a drink! Surely you would not use the stairs because you 'never' use the lift!
0
Like
|
That's not what Roberto said, dennismundy. He said...........
' In addition, I think I'm correct in saying that you cannot be obliged to contribute towards any community installations that are not available for your use.'
That's not the same as not using community facilities . This message was last edited by Karensun on 7/1/2008.
_______________________
' Do unto others as you would be done by'
Now a non-smoker !
0
Like
|
If the neighbour upstairs invites you for a drink, you should bring a bottle for him, because he's paid for his guests to use the lift! 
I'm really not too sure about the lift issue. We only have two floors, and a basement garage, and everyone (including the lower floor) contribute to the maintenace of the lift. But, everyone has a garage space. However, the ground floor locale, which has no access to the lift (or the garden and pool) certainly do not contribute towards it (or the garden/pool) which is logical, surely? All I suggested to celtelf2 was that if he/she has "absolutely no occasion to use the elevator, you should not be paying towards its maintenance". But I did also say to check with a lawyer first before complaining!
_______________________
"Get your facts first, then you can distort them as you please"
Mark Twain
0
Like
|
I think Roberto, that it doesn't matter if you have no occassion to use the lift, that fact that it is a Community lift is what is important. Whether you chose to use it is your own affair..................it is there should you wish to do so, whether you need to or not.
However, if say, the pool or the lift, was NOT available to be used ( for whatever reason ) then you would not have to contribute.
Of course if the pool was not available to use, it would probably be because the community has no money to pay for it's upkeep!!
All community facilities are owned by each owner and are for their use whether they like it or not !!
_______________________
' Do unto others as you would be done by'
Now a non-smoker !
0
Like
|
Like I said, I'm not certain. But, for example, in celtelf2's community, where there are apartments in blocks with lifts, and town houses, surely the town houses would not contribute towards the lifts? On the same token, the ground floor apartments could argue that they have no more reason to use them, than owners of town houses.
Ooh goody, a new grey area to debate!
_______________________
"Get your facts first, then you can distort them as you please"
Mark Twain
0
Like
|
I'm not too sure either Roberto, in the circumstances like those of celtelf2's.
I still think that the apartments with the lifts would have to contribute even if they live on the ground floor and NEVER use the lifts. If the lift was in the spec when they bought, then I would expect them to have to contribute..............besides, whose going to 'police' the matter and make sure they or anyone they rent to NEVER use the lift? ( It'll be the Presidente I expect !!  )
I suppose it depends what was agreed at the first AGM and as you have said before, a new owner should have sight of the minutes so they know what they are letting themselves in for.
_______________________
' Do unto others as you would be done by'
Now a non-smoker !
0
Like
|
Hi Roberto and Karensun
Yes it is a new area for debate!! As I said we have a variety of apartments and townhouses, our block of ten apartments the small er of the 3 blocks with ground and first floor but we have no lift anyway, like the townhouses we are seperate from the main block so we cannot access the lifts even if we wanted to as they are behind locked doors!
The only residents with direct access are the ones on the upper floors. This issue has been up for debate since our first meeting a year ago and the majority of the AGM was taken up with this matter.
We personally do not want to appear to be mean but when we bought our apartment we specifically looked for somewhere without a lift as in the past we have stayed in apartments/hotels with lifts and when they are out of order my husband has great difficulty in walking. As for being invited for drinks, we just invite everyone to us!!
0
Like
|
Well, if you are paying for them to be vertically transported in a vehicle that you have no access to, then I sure hope they bring a bottle with them!
It really makes no sense to me that you should contirbute to these lifts. Do you also have to pay for taxis if your neighbours use them?
_______________________
"Get your facts first, then you can distort them as you please"
Mark Twain
0
Like
|