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.
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