01 Mar 2009 8:01 PM:

Roberto,

 

Thank you for your reply to my question. 

We do have our own budget for the direct costs for the apartments, and this we have been told is calculated on our cuota, the costs include lift maint, cleaning, garage cleaning. 

So I don't understand this surface/plot explanation for our general resort costs.  We have I think 14 pools on the resort and this is within the general resort costs as all owners have the use, including semi and villas.

Have you every heard of this before using surface/plot size instead of cuota which we have in our deeds?  In the first year of administration we were charged cuota for our costs, and this has now changed, and owners have not had a vote on this.

This is their explanation, we had a different one over a month ago, their must be some standard way to work out community fees?

Cheers

Ian

 

This message was last edited by murcia1 on 3/1/2009.
Thread: Community Charges

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01 Mar 2009 7:19 PM:

We have just been told the long explanation in my previous post that this is the way our fees are calculated?

Well, I would be going around in circles trying to understand this, we have cuota's in our deeds and the articles of assocation have been set up and says all about cuota's, so would our fees not be worked out on our cuota's, instead of this plot for one surface for another and then we are paying a fixed fee for the admin?  I would need to have a degree to work this out!!

Any advice would be great.

Thanks

Ian

Thread: Community Charges

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01 Mar 2009 1:04 PM:

Can someone please advise.

I would like to know how community charges are calculated on a mixed golf resort?  This does not include the direct costs just the general resort costs.  These figures are in my deeds.  I am just trying to find out how I can confirm if my community fees are calculated correctly.

Our budget for the year is 3,000,000.00 (general resort budget)

Our Parcela cuota is 2,044019 %

Our cuota de partisipation is 11,204674 %

My apartment cuota is  4,307176 %

We have been told by our administrator that the fees are being calculated by this method:

there are two types of shares: one is the sub-
Community quota (based on the surface of the plot that a given sub-Community
occupies within the General Community); and another based on the square metres of the
property itself (living area).

In 2006, only the plot quota was used since most of the Resort was not completed yet. A
quota that still did not exist could not be used yet. However, the specific expenses for
the apartment blocks were assigned to each block, as it had to be done according to
Law.

At any rate, any comparison must use the same parameters. You cannot compare the
apartment surface with plot surface of the villas. There are expenses distributed
according to the plot quota, and others according to the property surface quota.

Six weeks ago,  This document related the calculus of the shares with a document from the
Town Council, and this was like that because they coincide. However, our calculus is
not based on the Town Council documents but rather on the property deeds, where the
same square metres are collected as in the Town Council documents.

With regards to the sharing of the cost, I would like to a paragraph from article 5.2 of
the Spanish Law of Horizontal Property, which reads as follows:

“The quota of participation will be based taking into account the usable surface of each
property or unit in relation to the total of the building, its location interior or exterior,
and its location in relation to the rational use expected of the common services and
elements".

This Administrator has made an interpretation with respect to the Administration fees,
thus dividing them on equal shares to all, and this has been done for the following
reasons:

1.- Because it is already anticipated in the Law since the rational use of the
administration services is the same for an apartment and for a villa.
2.- Because the Law that applies to Official Boards of Community Administrators (the
sole profession specialized in Community of Property Owners administration) speaks
of one same price per property.
3.- Because this has also been established by rulings of the Spanish Superior Courts of
Justice.
4.- And most important of all: Because no one would accept that a villa would pay
eight times more than an apartment for the same 20 page letter issued by this
Administration, or for an invoice sent to the bank, or for a reply to an email

Sorry its a long posting, but can anyone help with this?

 

Thanks

Ian

Thread: Community Charges

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