August 4, 2006 at 6:53 pm #52087
Can anyone help? I have just purchased a property with 4 months to go till the end of the community fee year. The builder has paid my fees already, but the president of the community has said I must pay them myself again as it was agreed at a meeting (I was not obviously present) that everyone should pay from when they signed at the notary till the end of the fee year, regardless of the fact that the builder had already paid. Personally I think this is because some of the people who bought last year or whenever their property was ready, didn’t have the builder pay their fees and have taken umbridge. However the President has said the extra cash goes into our community bank account so we have more money for other things. I can see both sides. Thoughts and advice please!!! It is only about 150 euros we’re talking about but it’s still money.
August 4, 2006 at 8:06 pm #64420
The community is right that you have to pay from the date of the attendance of the Notary, legally you become responsible from that date, if it has not been paid.
However it is also very unusual that a builder will pay the charges for the remaing period of the year when he is not the owner of the property or unit. Its normally the other way round.
Have you got any thing in writing from the builders that they have paid for the remaining periodf ?
There is no precedance that you must pay it twice. I agree about the principal. Stick to your guns its too long that us brits have paid up for a quite life or lack of knowledge.
August 5, 2006 at 8:43 am #64423
Thanks Shakeel!! It was the President who told me that my fees have been paid. My dilemma is, if I DO get a receipt from the builders and tell the president I’m not willing to pay again, I guess I will be isolated within the community. I’m planning to move out there early next year and I don’t want to make enemies already as there are 225 residences and only 20 actual residents, the rest are rented out. President also said that everyone who has bought this year in the same boat as me so to speak, has agreed to pay the fees even tho the builder has paid them. Obviously I’ve only got his word for this until I meet some of the newer people. I’m going back out in Sept, I was going to pay the fees then. The president is English.
August 5, 2006 at 9:45 am #64425
I DONT THINK IN PRACTISE YOU WILL GET IN WRITING FROM THE PRESIDENT ETC. AGAIN AS I SAID THAT THE BRITS WILL PAY ANYTHING FOR A QUITE LIFE WHEN THEY ON THE COAST.
IN SO FAR AS GOOD RELATIONS WITH THE OTHER OWNERS. I SEE YOU POSITION HOWEVER IF THEY WANT TO JUMP DO YOU HAVE TO ?
YOU WILL NOT SEE MANY OF THE OWNERS AS THEY ARE THE TWO WEEKS IN A YEAR OWNERS FURTHER AS YOU SAY THE MAJORITY ARE RENTED AND AS A RESULT THE TENANTS REALLY DONT CARE.
IF YOUR PRESIDENT SAYS THAT EVERYBODY HAS AGREED TO PAY. YOU MUST THAN LOOK AT THE MINUTES OF THE MEETING TO CONFIRM THAT THIS IS THE CASE AND IF THIS MONEY WILL BE USED AS A RESERVE FUND AND FORMS PART OF THE LEGAL 5% OF THE TOTAL BUDGET WHICH IS CREATED AS A RESRVE FOR FUTURE LARGE CAPITAL EXPENDITURE.
August 5, 2006 at 10:25 am #64427
I think the point is being missed here. Georgie77 you are part of a ‘community’ a community of owners. As shakeel said there should be a minute from either an AGM (should really be an AGM minute) or other meeting where this was agreed by the majority of owners. The rules are (from what i remember) if the meeting was not made up of sufficient numbers the owners those that were not there have so many days to object, if they didn’t the decision is finial. So you will have to pay or you will be in default and the community can take you to Court to recover the money, if then you still don’t pay the Court will take your apartment and sell it to recover the monies owed.
The 150 euros is no doubt going into a contingency fund which will pay for things like painting the community, replacing lifts or other major items later on in the communities life. This again you should be able to see ( the contingency that is) in the budget and accounts drawn up at least for every AGM
Hope this helps
August 5, 2006 at 11:22 am #64430
But there probably wasn’t a meeting about it, it sounds like he just went to all the new owners and explained it all and they have agreed to pay. I would imagine that if they had called a meeting about it, nobody who has recently purchased a property would have been at that meeting, or even known about it!!! The president didn’t say there had been a meeting about it, he said that all the other owners had agreed to pay it. I do feel like I’m being bullied into paying, but I guess I have no option. I could ask to see all the minutes from past meetings I guess. This is all completely new to me.
August 5, 2006 at 12:02 pm #64434
There must have been a meeting to elect the president and if it is a properly constituted community there has to be minutes by law (in Spanish.)
You don’t have to be guarded, just ask if there was an AGM, if you were down as an owner then, by law, you should have been informed. If the answer is yes ask for a copy of the translated minutes and a copy of the budget, in fact your solicitor should already have a copy of the statutes of the community.
If there was no meeting then ask how come he’s the president and when will there be an AGM. There HAS TO BE an AGM once the community is formed by law.
I do recommend the book “You and the Law in Spain” by David Searl which will give further insights in to all of this.
August 5, 2006 at 12:53 pm #64435
There was a meeting for him to be elected in, I meant I don’t think there was a meeting to discuss whether the owners who had their fees paid by the builder, should have to pay again out of their own money. It sounds like it was just verbally agreed by each owner. I have not been informed about any previous meetings, I only took on the property last month. Am I allowed to go to the meetings in future?
I will get that book, many thanks.
August 5, 2006 at 1:30 pm #64438
Am I allowed to go to the meetings in future?
All AGM for sure, you have to be invited under the law. I’m on a committee for a community and we would not arbitrarily ask people for cash, without referring this to an AGM or EGM
If the community is run well ALL of the meetings (including the one were this was decided) should really be minuted. As president he should be a reasonable man, why not just chat it through with him. You could even get involved with the committee as a vocal or vice president.
The president is all powerful in a community and doesn’t have to really consult anyone regarding his actions once voted there if you PM me with an email address i will send you a copy of the law (in English) which should help you a bit.
Order that book though it’s very very good on all of this stuff.
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