- This topic has 6 replies, 5 voices, and was last updated 20 years, 2 months ago by
mariadecastro.
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August 18, 2006 at 6:59 pm #52140
Anonymous
ParticipantOn 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
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August 18, 2006 at 10:58 pm #64878
katy
BlockedDon’t know about borrowing the money but surely such a major decision would have to have an unanimous vote.
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August 18, 2006 at 10:58 pm #65019
katy
BlockedDon’t know about borrowing the money but surely such a major decision would have to have an unanimous vote.
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August 22, 2006 at 7:17 am #65062
mariadecastro
ParticipantDear 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. -
August 22, 2006 at 7:40 am #65065
Anonymous
ParticipantWelcome back Maria! 😀
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August 22, 2006 at 8:22 am #65067
Anonymous
ParticipantHi
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
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August 23, 2006 at 7:24 am #65090
mariadecastro
ParticipantAAA, 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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