QUESTION: Our community has 27 units of which 14 are villas on plots and 13 are attached row houses. The community has voted that all homeowners pay an equal share of the costs. One of our owners has now stipulated that the community fees per unit should be “As the law says”. In other words, they should be assigned to each unit according to the coefficient of ownership of the property. What are the voting rights when the fees are charged according to the coefficient?
P.V. (Costa Blanca)
ANSWER: The Law of Horizontal Property establishes that each property in a Community of Owners shall pay the yearly fees according to its share of ownership or “cuota”. If some owners have larger apartments or plots, they will pay higher fees. This coefficient of ownership share is set in the original charter of the community not by vote. The law provides that votes are decided by a “double majority”. This means that both individual owners and the weight of their shares must be considered. If your dissenting owner goes to court, the judge will surely order that this system be applied.
Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.