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James1958

Posts: 4

Location: Villamartin

Joined: 14 Feb 2022

Hi, I have had an apartment in Villa Martin from new for over 20 years and have always paid my community fees when required etc. Year upon year this has risen annually, costs of living, etc. Included in  the community fees was always an amount for the painting fund, as and when the painting was required. The painting fund/pool was recently stopped and some repairs/improvements was carried out using the painting fund. We now have had an announcement from the community managers that each property has to pay a  fee of 1700 euros by March 2024 for the painting of the properties. 1/I do not have this amount of money to pay and 2/is this normal or legal for the community management to try to enforce this

Sligogent

Posted: Sun Nov 26, 2023 6:19pm

Sligogent

Very helpful member

Posts: 1057

574 helpful points

Location: Torrevieja

Joined: 31 Jan 2021

Posted: Sun Nov 26, 2023 6:19pm

I  don't think  you will be  alone in  not paying  the required  amount,  I  would contact  Administrator  office  and explain  🤔  your case and that you wish  to return  to  the old  method  of a  Fund for repairs, I  wish  mu Community  had such a fund,

I  maybe  wrong,  but if  you  ever decide  to Sell property,  your Solicitors  or Purchaser  Solicitors  will contact  Administrator  office  for up  to date account,  and if  any outstanding  fees due to Administrator/Community   they  will  be  deducted  from Sale  price

Hola39

Posted: Sun Nov 26, 2023 8:18pm

Posts: 8

4 helpful points

Location: El Galan

Joined: 5 Jun 2020

Posted: Sun Nov 26, 2023 8:18pm

€1700 seems to be a lot to ask for, was it voted for at an AGM? Something of that nature really should. Could painting be delayed? Perhaps prices ect will come down in a year or so. It will not be a fee everyone will pay, as the other poster has said those that don’t pay will become a debtor. The letter indicates that the fees haven’t risen in 7 years, that could explain why they’re looking for so much now. Most communities would have seen a rise in fees in the last two years. Perhaps push the administrator to seek collection of the long-term debtors, see what the account is like by the next community meeting. 

James1958

Posted: Sun Nov 26, 2023 11:01pm

James1958

Original Poster

Posts: 4

Location: Villamartin

Joined: 14 Feb 2022

Posted: Sun Nov 26, 2023 11:01pm

Hola39 wrote on Sun Nov 26, 2023 8:18pm:

€1700 seems to be a lot to ask for, was it voted for at an AGM? Something of that nature really should. Could painting be delayed? Perhaps prices ect will come down in a year or so. It will not be a fee everyone will pay, as the other poster has said those that don’t pay will become a debtor....

... The letter indicates that the fees haven’t risen in 7 years, that could explain why they’re looking for so much now. Most communities would have seen a rise in fees in the last two years. Perhaps push the administrator to seek collection of the long-term debtors, see what the account is like by the next community meeting. 

Hi, yes,apparently this was passed at the agm, but there was not much of a turnout, and as for the fees not going up for the last 7 years is utter rubbish 

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Sligogent

Posted: Mon Nov 27, 2023 12:11am

Sligogent

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Posts: 1057

574 helpful points

Location: Torrevieja

Joined: 31 Jan 2021

Posted: Mon Nov 27, 2023 12:11am

James1958 wrote on Sun Nov 26, 2023 11:01pm:

Hi, yes,apparently this was passed at the agm, but there was not much of a turnout, and as for the fees not going up for the last 7 years is utter rubbish 

Are you  in  Villamartin  presently  if  so  I  would  contact  some neighbours   and  get  there opinion  on it, I  would  contact  Administrator  and make my feelings  know to them ,   but  if it was passed  at AGM, I  think  🤔  it might be difficult  to reverse  decisions,  At  AGM   or  prior  to meeting  you can ask    for  the Topic  that need to be discussed   and  every  Resident  who has paid  there  Community fees  has a vote ,  you can  get another  Resident  who lives in Community  to vote on your  behalf  if you are in  UK,  or  a  Proxy  vote 

dinnerout

Posted: Mon Nov 27, 2023 11:12am

dinnerout

Legendary helpful member

Posts: 2195

2447 helpful points

Location: Beniarbeig

Joined: 18 Sep 2015

Posted: Mon Nov 27, 2023 11:12am

James1958 wrote on Sun Nov 26, 2023 5:50pm:

Hi, I have had an apartment in Villa Martin from new for over 20 years and have always paid my community fees when required etc. Year upon year this has risen annually, costs of living, etc. Included in  the community fees was always an amount for the painting fund, as and when the painting ...

...was required. The painting fund/pool was recently stopped and some repairs/improvements was carried out using the painting fund. We now have had an announcement from the community managers that each property has to pay a  fee of 1700 euros by March 2024 for the painting of the properties. 1/I do not have this amount of money to pay and 2/is this normal or legal for the community management to try to enforce this

54.0000 sounds a lot. How many apartments are in the Community?

54.000 ÷ 1700 = 32 is that correct? (Edit - just seen that 32 was mentioned in your message)

A friend of mine lives in a Community of 28 and they paid 750 each for repainting the block.

Repairs should come from a separate fund - if not able to fund from the general pot that is accumulated from regular payments then a separate application for emergency funding should be made at the AGM or in the case of emergency, and EGM. Have you received the minutes that explain how 54.000 was arrived at?

1700 sounds very steep.

Steve

dinnerout

Posted: Mon Nov 27, 2023 11:58am

dinnerout

Legendary helpful member

Posts: 2195

2447 helpful points

Location: Beniarbeig

Joined: 18 Sep 2015

Posted: Mon Nov 27, 2023 11:58am

dinnerout wrote on Mon Nov 27, 2023 11:12am:

54.0000 sounds a lot. How many apartments are in the Community?

54.000 ÷ 1700 = 32 is that correct? (Edit - just seen that 32 was mentioned in your message)

A friend of mine lives in a Community of 28 and they paid 750 each for repainting the block.

Repairs should come from a separate fund - if not able to fund from the general pot that is accumulated from regular payments then a separate application for emergency funding should be made at the AGM or in the case of emergency, and EGM. Have you received the minutes that explain how 54.000 was arrived at?

1700 sounds very steep.

Steve

Just a bit more on this.....

Just checked with my friend and she paid 850 not 750, still way lower than 1700. The charges for the repainting were agreed at AGM and taken from bank accounts at the same time as the quarterly Community Fees. The contract was awarded after taking 3 quotes. A couple of apartments did not pay and they are being pursued legally and yes will be embargoed if payment isn't recovered. 

The funds allocated for painting should not have been redirected to 'repairs'. Unless of course previously agreed by the owners, but it sounds like it wasn't. 

You may already know this but here goes. Each Community normally runs a budget surplus - the money left over after all annual expenses are paid out. Obviously this varies from Community to Community. It is from this surplus that the President/Committee can REQUEST large sums for repairs to be paid.

Many communities give the President/Committee a pre agreed emergency fund level they can draw on without an AGM/EGM. Again this will vary, but often it will be eg up to €x you don't need to consult the owners but over €x you do.

The key to this problem is that somehow, somewhere your painting fund or at least part of it has been redirected. Whether that was with owners permission or not you could do with finding out. Did you attend any meetings/have you got minutes? If not then contacting other owners would be the place to start the investigation process, then the Administrator. 

Incidentally I sold a property in Altea 1999 and was told by the Abogado it had an embargo on it. When I went to the Town Hall it turned out to be for an obscure charge no one had heard of - €14 euros. Yes, they put an embargo on for €14!

I'd certainly be interested to hear how you get on, keep us posted?

Steve

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