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José M.
José M., Attorney
Category: Spain Law
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Experience:  Spanish Attorney
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owners have not take a vote to change quotas but we paying

Resolved Question:

owners have not take a vote to change quotas but we paying equal fees .
At the first meeting Administrator said that we all had the same quotas share so we pay as per equal fees, how will we revert this?
Submitted: 2 years ago.
Category: Spain Law
Expert:  José M. replied 2 years ago.
José M. : We have to study what the estatutes said. Usually quotas are not equals. Quitas are with the share on the comunity, but statutes could say that one owner 1 vote... Check the statutes and read whatever they say
José M. : As a regular rule the mayority requieres to have not only majority on votes, also on comunity shares, but statutes could change that
Customer: replied 2 years ago.

Our community has ( 60 ) 2 bedroom which have 76m2 & (42) 3beds with115m2 as above we all pay same fees because of false information given to owners as explained, I wish to know how we can rectify this and pay as the law requires?

as above we have never be asked to change from quotas at any AGM or to vote .

It therefore follows that Participation Quotas should still be in place and we are being charged wrongly am I right?

Customer: replied 2 years ago.
Relist: Incomplete answer.
Expert:  José M. replied 2 years ago.
Hi Sir. Your situation is legal but unfear really. The problem is that to change it you need the vote of all of you presenta in the metting made with that purpose. Unanimity. If just one owner does not want, the change will be not done. The change requieres unanimity. So you will find almost imposible to get, as long as the owners who will have to pay more if changed, will vote against it for sure.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5785
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi sir

I believe your not under standing me, perhaps I am not putting my case very well, I will try again.

(1)Participation quotas

There has never been a vote to change to another method of paying community fees, so the above should still be in place, am I correct ?

(2) There for participation quotas should be the way we pay our fees , am i correct ?

(3) Owners have been told by Administrator that we all have the same quotas share, so we are being charged equal fees , this is wrong , there is 60 two bedroom (76m2 ) & 42 three bedroom (115 m2 )

(4) I have made this known to both the Administrator & President 5 weeks a go they have not responded

(5)Would you please tell me if I am correct in saying that we should

be paying as per Participation Quotas?

Expert:  José M. replied 2 years ago.
Thank you Sir. I an with the mobike nos. I am going to answer you asap.
Expert:  José M. replied 2 years ago.

Hi there

I am going to answer you as you ask

(1)Participation quotas

There has never been a vote to change to another method of paying community fees, so the above should still be in place, am I correct ?

The constructor, has decided when he made the estatutes and when you bought, you could check them ( I know nobody does) So, you accept them when you bought.

So no votation needed, you acepted them when you bought.

I know is unfear but legal

(2) There for participation quotas should be the way we pay our fees , am i correct ?

Correct, you are paying now as the estatutes says you have to pay. Correct

(3) Owners have been told by Administrator that we all have the same quotas share, so we are being charged equal fees , this is wrong , there is 60 two bedroom (76m2 ) & 42 three bedroom (115 m2 )

The administartor is right, you have to pay as you do because estatutes says you have to pay this way. Unfear but legal

(3) Owners have been told by Administrator that we all have the same quotas share, so we are being charged equal fees , this is wrong , there is 60 two bedroom (76m2 ) & 42 three bedroom (115 m2 )

Administartor is right, estatutes says the way you have to pay

(4) I have made this known to both the Administrator & President 5 weeks a go they have not responded

Administartor is forced by law to answer you as you are his client. You could denounce him in the closer consumer protection office. He is negligence with you. You pay for a good service, and you are supossed to get answer as you ask for them

(5)Would you please tell me if I am correct in saying that we should

be paying as per Participation Quotas?

You are right the way you think, and it should be the way you think, but in your case the constructor ( I do not know why ) has decided a different way to pay from the regular one. As you has bought the propiety you have accepted this way. The constructor is the one who has make an extrange but legal thing.

The real thing now is that to change the estatutes you need unanimity, so its almost impossible you get it

may be the constructor has some interest you do not know.... he owns a propiety, a big one there, or whatever. But he has take an starnge way, but is legal.

You always has to study the estatutes whhen you buy a propiety ( I know nobody does, but it should be done )

Thank you.

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