Can Community of Owners borrow money?

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This topic contains 6 replies, has 5 voices, and was last updated by Profile photo of mariadecastro mariadecastro 10 years, 3 months ago.

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  • #52140
    Profile photo of Anonymous
    Anonymous
    Participant

    On an urb of 70 with only 12 houses occupied all year round we are being told that either everyone pays 2000 each towards building a club house or the community of owners will arange a loan which will be paid for out of increased community fees.

    I think there is more to this need to get money which is nothing to do with building a clubhouse that nobody wants.

    I also find it difficult to believe that they can borrow money without security.

    Any comments greatly appreciated on the legality of obtaining loans etc.

    Christian

  • #64878
    Profile photo of katy
    katy
    Spectator

    Don’t know about borrowing the money but surely such a major decision would have to have an unanimous vote.

  • #65019
    Profile photo of katy
    katy
    Spectator

    Don’t know about borrowing the money but surely such a major decision would have to have an unanimous vote.

  • #65062
    Profile photo of mariadecastro
    mariadecastro
    Participant

    Dear you all!
    Back from vacation part time.
    Regarding the building of a club house : As it is a common service of general interest, the decission to build it requires the consent of the 3/5 of the total of owners which also represent 3/5 of the sharing quotas. If the decission is reached by these number of owners, a decission on applying for a loan to build it can be reached by these 3/5 too.

  • #65065
    Profile photo of Anonymous
    Anonymous
    Participant

    Welcome back Maria! 😀

  • #65067
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi

    If my understanding is correct, I think you’ll find that – according to Section 11 subsection 2 of the Horizontal Property Act (as amended): Although the community may vote in favour of building the new club house, that you, as a dissenter, will not be obliged to contribute towards it (unless, of course, you are paying exceedingly high Community Fees 😯 )

    A

  • #65090
    Profile photo of mariadecastro
    mariadecastro
    Participant

    AAA, your understanding is correct.
    I am translating here for you provision 11.1 and 11.2 of the Horizontal Property Act.

    1.No owner can demand new facilities, services or conditions which are not required for the appropriate conservation, habitability, security and accesibility of the building, according to its nature and characteristics.

    2. When it is asopted a valid decission in order to make innovations which are not requirable according to the previous paragraph and which installation instalment exceeds the fee of three ordinary monthly instalments for common expenses, the dissident neither won´t be obligued, nor his quota will be modified , even in the cases when he cannot be deprived of the use of this.

    If the dissident whises, at any time, to participate in the advantages of the innovation, he will have to pay his quota of the expenses for carrying out and maintenance, duly updated by the application of the corresponding legal interest.

    So, make sure to be recorded as dissident with the favour exposed in this article ( 11.2 HDA) in the Minutes of the Meeting of Owners when the decission will be made. Stating that you consider that the new club house is not requirable according to provision 11.1 of the Horizontal Division Act.

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