Can we change our ‘cuotas’?

WE are proposing to change the way we divide our community fees. Our ‘cuotas’ are not the ones recorded in our ‘escrituras’. Our fees have been changed three times without unanimity. The current fees have never been registered in the Property Registry or our Book of Minutes, and some are paying much more per square metre than others. All 144 properties have been remeasured by a qualified architect.

We will vote for the changes at our AGM. The proposal is that we base the fees on the area of the property. If we do not get a unanimous vote but only a simple majority, can we proceed with the change?

A.W. (Costa Blanca)

The short answer is yes. In your unusual circumstances, you may change your system by majority vote, as you apparently have already done. Properly, the percentage of community fees assigned to each property should be established in the original charter document of the community, registered in a special section of the Property Registry. These would be the ‘cuotas’ which appear in your ‘escritura’ or title deed.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.