Quote Originally Posted by six gun View Post
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.
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.