Can he change the system?

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QUESTION:

Two years ago, I purchased an apartment in Mallorca. I have now discovered that my small single bedroom apartment is being charged community fees at the same amount as a large three-bedroom, two-bathroom apartment. I have checked my deeds and they clearly say I pay community fees per square metre. 

The administrator tells me that all apartments must pay equal community fees whether they are one-bedroom or a four-bedroom penthouse. He says that, in order to change this, all owners must unanimously agree.

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This cannot be right. My title deed says my community fee is based on my square metres.  I have ceased payments in protest.

E W (Baleares)

 

ANSWER:

Standardly, community fees are charged according to the size of the flat, just as it says in your title deed. A very few communities have voted to charge all units the same and this is legal, as your administrator says. However, the system is clearly unfair to you. One owner who feels his interests are harmed can go to court and ask the judge to order the system changed. The stoppage of payment will not help.    

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at [email protected], or call 952 667 090.

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