Lift turned off!! - Page 2

Hello Binz1

 We havent had an AGM for 2 years due to the pandemic but, when we do, if an increase in fees is discussed & sufficient people vote for it - it goes ahead .  However it normally increases by €50 a year ( 3 increases in 18years!) Yours is a huge increase and would never be agreed here, as everyones circumstances are different so increments are fair.

When the whole urbanisation needs repainting  etc. we pay another one-off fee similar to your "special payment",  Both of these  increases are taken by D.D.  from everyone regardless of whether you attended or voted - once it has been accepted  by voters,president & administrators

Cheers

Elinspain

Hi, 

I have no experience in the legal side of things but i would have thought that they surely have to explain what the extra costs is for? Have you contacted the administration to ask for a breakdown of the fees?

https://www.mundojuridico.info/mayorias-necesarias-los-acuerdos-la-comunidad/

Se exige mayoría de tres quintos (3/5)

Se requerirá el voto favorable de las tres quintas partes del total de los propietarios que, a su vez, representen las tres quintas partes de las cuotas de participación, para los siguientes acuerdos:

• El establecimiento o supresión de los servicios de portería, conserjería, vigilancia u otros servicios comunes de interés general (por ej: jardinería), supongan o no modificación del título constitutivo o de los estatutos.

Hi,

Great thanks for sending me this 👍

I wonder how much money is being saved per community owner by turning off your blocks lift? Surely can’t be much when it’s not used that often. You may get support from other owners outside of your block if it’s not a lot.

Hi Ellinspain/Mickyp thanks for responses I have made contact and been told that it is for the lift pool and cleaning yet when I checked the previous accounts which I had requested they all had been paid each month as per normal just seems strange. 

Although on further investigation there are 2 owners who have not paid their fees for a considerable time and funnily enough the 400 euros extra and the additional 80 per qtr comes to a few euros higher than what they would have paid at the nortmal rate this year coincidence or not it seems a bit suspicious. 

I am going to request a meeting to discuss this matter when I come out hopefully in November. 

Again thanks for your response ATB Binz

As I see it, the decision of switching off the lift can be appealed as it violates the legally granted free access to your property. Let a lawyer set up a relative claim against the Community, and, in case of no reaction, get a court order.

I´m a community president.

As someone else mentioned, I believe to carry a vote such as this requires 60% voted though.

Legally, anything to be discussed you need to be informed of. They did stop the community AGM meetings over Covid, so any major changes, you would expect the administrator to email all owners and let them know. You legally are entitled to any minutes of meetings or proposed changes, such as the lift.

I suspect with the lift story, we could be dealing with (a) A lazy administrator not doing their job properly. (b) If there are only 2 owners (yourself and the president) of 6 flats - then the remaining 4 flats will either be owned by the bank, the original developer (if new) or other residents who you may not have met. Often the president will have ´last say´ or vote by `proxy´ if properties are owned by the bank. Other residents may also offer the president a proxy vote - to automatically vote on their behalf, but legally this has to be confirmed in writing - permission given, though the administrator.

IE potentially the president technically wouldn´t need your vote, one way or the other - though you still should have been informed. I would also suggest that a lift could be regarded as essential for some - so a part-time owner in Madrid, I would think perhaps does not represent everyone's best interests.

Legally, they could well be in a position to force this position - but I would rattle the administrator a little harder and also suggest that perhaps you put yourself up for president next year and if any other expats, you are more likely to get their vote, than a part-timer in Madrid.

You could also complain to the administrator, you do require a lift as is essential for you and LEGALLY why were you not informed of this? Seen a few issues with administrators over the years, sometimes you need to remind them they work for you, not the other way around.

Hi,

Thanks for you advice, i have sent the administrator another email as they don't return my phone calls either!

If they don't respond i will seek some legal advice. 

What floor is said apartment on?