[angie]

Speaking recently to someone who is in the process of handing a property at Alhaurin Golf back to the Bank as they can’t sell it for the right money to cover mortgage etc.

This development is a large golf complex of apartments, maisonettes, semi and detached houses, not particularly well built and fraught with problems over the years, and now lots of unfinished units blotting landscape etc.

I’ve been told that the community fees for everyone will now be the same and not a sq. meterage basis as in the past, ie pokey 1 bed apartment pays the same as 5 bed detached villa including roads maintenance. Many apartment owners don’t even use the roads that lead to the villas yet will have to pay now for their upkeep. This is all since Developer went bankrupt.

Is this legal or if not enforceable, and surely bound to affect the market for smaller properties there? 🙄

[Fuengi (Andrew)]

Hi Angie, yes it is if the entire community agrees.

[angie]

Hi Andrew, thanks for your answer, but I would assume most people with smaller apartments would not agree to paying more, so, do you know if ‘the entire community’ means just that or does it become a ‘majority’? 🙄

If the developers went bust as seems to be the case, how do they collect more community fees to cover everything if the ‘entire community’ does not agree, do things then get scruffy because of jobs not done? 🙄

[Anonymous]

I know the Alhaurin Golf Resort quite well after staying in a friends apartment on many occasions before I completed my own purchase in 2008.
From memory the first development was for 1, 2 and 3 bed apartments and then a range of town houses and attached Villa style properties were built. I was aware that the developer had had financial problems some years ago and were in danger of going into administration.

With regard to the allocation of Community fees, changing from a Coefficient calculation based of the number of square metres owned to the one that Angie has been advised about is simply a bizarre method and totally against the law.

It is always The Community of owners who decide what each apartment owner pays. Regardless of who is in control the appointed administrator must act in the interest of all owners and fees payable must be calculated on the basis of the size of each property as a percentage of the the agreed budget each year.

If has Angie has been advised of another basis for the calculations then it cannot be a legally applied based on the Spanish Horizontal law for developments managed by a community of owners.

[Fuengi (Andrew)]

@angie wrote:

Hi Andrew, thanks for your answer, but I would assume most people with smaller apartments would not agree to paying more, so, do you know if ‘the entire community’ means just that or does it become a ‘majority’? 🙄

I assume a majority vote. Tyranny of the majority and all that.

but, as i understand it, under the ” ley de la propiedad horizontal”, it is pretty much as you say. smaller properties pay less, larger ones more. So at the next general meeting someone can simply raise the fact that it conflicts with this law and they should be able to have it removed

[angie]

Thanks for your answers blackberryway and Andrew, I see what you are both saying.

I wondered about this at Alhaurin Golf and was pretty much told that everyone was having to pay the same now as if it was a fait accompli 🙄

[Author]

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