Lawbird lawyer you do not know the facts to give an opinion
Well let’s have some facts shall we. Firstly I thought lawyers only gave opinions when they knew all the facts, not in this case obviously. Secondly the current administrators did not change the cuotas or arrange the calculation in favour of the Villa and Townhouse owners. What they did was to use the guidance from the college of administrators to look at how the fees should be divided fairly amongst the owners on a mixed urbanization such as this one where you have a range of property types. Indeed there have been rulings on this issue in the High court in Madrid. Please also see this link which covers the issue of mixed urbanizations. Have a look at the figures quoted in this article for community fees.
eyeonspain.com/spain-magazine/communities-in-spain.aspx
Using just the cuota for our resort results in Villas paying some 400€ a month, townhouses paying up to 270€ per month and apartments paying 50€ per month despite having lifts, communal lighting, cleaning, underground parking etc. Totally unfair and not acceptable.
The committee is made up of a range of owners including Apartments, town houses and Villas. The majority of owners are happy with the current fees as they are fair and reasonable. In addition the current committee has reduced the budget by 1.5 Million Euros compared to when PW were in charge and set aside some 1.5Million Euros in disputed bills. A good result for all owners.
The current fees range from 86€ to 110€ Apartments, 96€ to 131€ for townhouse and from 131€ to 250€ for villas. So the villa and townhouse owners are still paying considerably more into the community than the apartment owners despite not having Lifts, cleaning etc. The apartment owners also have direct access to the 24 communal swimming pools.
Out of the apartment costs around 33€ per month is for the direct costs, i.e. lifts etc, leaving their contribution to the general resort as low as 53€. The direct costs for a villa are much lower (Back lawns only) meaning the majority of their 131€ to 250€ per month goes toward the general resort costs and the same for townhouses who have little or no direct costs. The general resort costs are made up of swimming pools, communal gardens, security, fountains, road cleaning, administration etc which all owners benefit from equally but apparently some feel that they should not pay their fair share.
As for the debt that has been quoted on this site this is because some owners have never paid their fees and is not because of the additional fees that the apartment owners are now paying most of whom realize that they are getting very good value for money.
If the fees were to go back to the range we had before then I am afraid the services would undoubtedly suffer as the fees of up to 400€ per month were plainly unaffordable.
So Lawbird lawyers now you have some more facts perhaps you would like to comment again.
Six gun you are wrong as usual
Quote:
Originally Posted by
six gun
The issue in this case on La Torre Golf Resort (I am going to say the name) is nothing to do with changing cuotas it is about fee redistribution and creation of multiple cuotas.
The properties in this 100+ community resort have the same cuota as ever they did.
The cuotas on their deeds are ok.
The problem is the size of the cuota each mini community has in the master community. Most the community property on the resort is in the master community. The bills for the master community are bigger than the bill properties have to pay to their own community.
These cuotas were calculated on plot size. So a community of 12 villas covers a plot as big as 140 apartments.
The average villa ended up with cuotas in the master community 12 x that of the average apartment.
There are roughly 1800 apartments : 450 villas
The sum of apartment cuotas in the master community is 17%
That of villas is 50%
Do the sums and villa cuotas are 12X bigger per property.
This can't be right. But this is what Polaris World left us with
The problem is the master community committee got too big for its boots and just changed the fee distribution without consultation with anyone. Not one vote was cast. The cuotas stayed the same, so villas still have 50% votes in the master community but only pay 20% of the fees.
The administrator Adminburgos were creative and has come up with two different cuotas - one is plot size when comparing properties within a community and the other is built floor area when comparing communities.
Indeed in fee distribution there are four methods used!
What is in the master deeds is plot size. As villas have big gardens their plots are huge compared with apartments stacked one on each other. Even the gardens of apartments are not their own as they hold the pools which everyone in the resort can use.
So not surprisingly based on plot size, villas get 12x cuota.
This is heading towards court as the committee will not accept they did wrong in ignoring section 24 of the HPA where matters must be taken to the mini communities first for approval. I suspect they knew it would not get approval so they did not bother.
The court case is over before it is begun really - simply because the committee was too arrogant or too ignorant - or too lazy to do it properly. No consultation - nothing in the mini community agm's and no votes taken.
They did put a vote to the master community agm almost a year after the event. They quotes case law in disputes about participation share between mini communities - pity they didn't quote s24.3(b) HPA - funnily enough they seem to have forgotten the statute law.
It is all a mess - they are even voting things through in "any other business" - and they believe this is OK!
All the inter-community cuotas need to be reassessed. Monetary value of the mini communities would be the most equitable and legal way to assess how one community compares with another for cuota purposes.
There will be a lot of blood and tears before this is sorted. This is an excellent example where a developer assessed cuotas in a mixed development in a way that would always create problems and a committee who thought they were too clever to bother with the law.:eek:
Well its difficult for everyone to be as clever as you obviously are sixgun. By the way, are you the same sixgun that owed over 8000€ to the La Torre Community last year and one of the biggest debtors. Are you also the same Sixgun who is so clever that when you sent out info to the owners at the resort using info from the owners association that you were not supposed to have (data protection and all that) you used your own personal e-mail address so that everyone could see it was from you which you subsequently denied. That was a bit silly as all the recipients had to do was hit the reply button to see it was from your personal e-mail address. I expect their lawyers will be after you soon.
You of course are so clever I expect you will also be suing the local town hall and Aquagest for issuing the charge for rubbish collection (Basura) on a per property basis and not by cuota. This will also apply to all the other council services like street cleaning etc. Good luck with that one. (they do that by surface area by the way like the fees at the resort for the same services).
You do not have any chance of winning your court case and if you did the owners at the resort would loose as many of the services would be closed down due to lack of community fees. Do you really think the townhouse owners will pay 270€ a month and the villa owners up to 500€ per month with the apartments paying 60€ a month? No they will just vote to cut the services like the pools, communal gardens etc. Who will that hurt the most? Ah yes the very people you purport to represent the apartment owners. Their properties look onto the pools and the gardens. Who would want to buy an apartment that looked onto an empty pool and overgrown grass? The villas have their own pools and gardens so they would be okay as would the townhouses as they look onto the golf course. On the other hand if owners just stopped paying the resort would eventually be forced into bankruptcy and handed over to the town hall. I am sure that will do wonders for the values of the 5 apartments you own.
Finally at the AGM out of the 92 community presidents who attended only 2 voted against the current fees. The other 90 voted in favour and 50 of those were apartment presidents. A little out of touch with the rest of the owners by any chance. You were of course a community president yourself once until the owners you represented voted in a new president. I wonder why they did that!!
Time to wake up and smell the coffee I think.