18 Jan 2013 9:18 PM:
Interesting thread on the application of discount for community fees.
Firstly it is important that a formal meeting votes by majority to increase the fees by the prescribed percentage and that this forms part of the annual buget by being mirrored in the same.
This then takes away the right of dispute from any member refusing to pay this proportion when late as it is a annual community quota total fee .The community accounts should reflect the use of the proportion of fees without discount to it's overheads or reserve fund.
The discount terms should be carefully recorded in this minute particularly with regard to the settlement qualification.
For example if a member has given a direct debit instruction to the administrator ; is the application for funds on the due day the trigger or are the funds to be clear by the due day.In some cases it can take up to 90 days before the bank release all the funds when applied for by direct debit. So the community will have these funds shown in there account but blocked & can not use them for the period awaitng clearence.I prefer a standing order from the member as it is cleared on the day of receipt & attracts less costs to the community banking facility also it does not give the member any opportunity of reversing the transaction once in progress.
As Helen points out the management board with the administrator must be on the ball in checking the community account .
In terms of removing the discount for a breach of rules this is a fairly complex situation & quite intriguing.
The management board is effectively judge & jury but there is nothing in the LPH to rely upon. I beleive the civil code of Spain would over rule this action if challenged in court. The community could then have to compensate the member & pay their legal costs. Hence I would recommend any President to make sure he had the majority of his total quota vote for this in a formal meeting as a minimum for his own protection. If it could be introduced to the community statutes ( difficult as it would need a 100% quota vote) then I think it could have a greater chance to be sucessful given the statutes have solid legal footings when there is nothing to contravene them in the LPH. Again the Civil code code though may over rule this .
As Maria points out a lower cost can be acheived in disputes by using a legal arbitrator if both agree. The consumer rights office can also take up matters for the public with out charge & are present in most main towns as part of the Ayuntamiento as a normal.
Interesting topic although no difinative conclusion.
Regards
F.Parkinson Administradore
Thread:
Loss of Community Fee discount for breaking community rules
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