Equality with community fees

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24 Sep 2009 12:00 AM by willow Star rating. 17 posts Send private message

The community fees in our complex are calculated on a square footage basis. This, to my mind, is very unfair.

Other communities in our area all pay the same regardless of apartment size, after all, the community fees only cover external services, gardens, pools, community areas etc. The size of the apartment is irrelevant.

Some years ago the community fees were altered from the statutes at an AGM so that all fees were calculated on the sq. meterage. As the statutes were altered before, can they be altered again with just a majority decision and not a unanimous decision?   The original statutes decided the fees on the quality of the views. This was considered unfair & a unanimous decision changed that statute.  

In short, at an agm can the decision to alter the fee paying structure be altered with a majority vote?                                            


 



This message was last edited by willow on 24/09/2009.



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24 Sep 2009 3:59 PM by Ted H Star rating in Purley and jardin 13.... 458 posts Send private message

Hi Willow, I am not an expert, but my understanding was that such a change required a unamimous decision.

Ted





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24 Sep 2009 4:22 PM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

Karensun´s avatar

I think you're right Ted. H............................but I'm a bit unclear as to what 'unanimous' actually means here.............

I know the word means ALL but Perhaps Maria could be more specific on this one because it would be a virtual immpossibility to get all owners to agree, especially as some will never vote and those in arrears can NEVER vote ( until arrears paid ) and not many Urbs will ever achieved that !!!



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24 Sep 2009 5:29 PM by willow Star rating. 17 posts Send private message

My understanding is that if an owner does not show up to the meeting or does not give their vote by proxy, then they are automatically counted as 'in favour' of the motion/proposal.

Paragraph 4, section 17.





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24 Sep 2009 7:03 PM by spanishsolicitor Star rating in Murcia. 140 posts Send private message

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You should also bear in mind last provision of this paragraph 17 (1)
For the purposes established in the preceding paragraphs of this section, the votes of duly summoned owners absent from the meeting shall be computed as favourable when, having been informed of the decision adopted by those present in accordance with the procedure established in section 9, they did not state their dissent to the person acting as secretary within thirty calendar days, by any means ensuring a record of delivery.

 

 

 


 



This message was last edited by spanishsolicitor on 24/09/2009.

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