How to divide profits?

Q.- We are about to dissolve our Community of Property Owners and sell the building. But we have a dispute over the division of the proceeds. At present we are charging members all the same community fees regardless of the size of their property. The properties range from 90 to 200 square metres, but they all pay the same fee.

This is clearly unfair to the smaller units and over the years the members have requested a change. This has been refused by the administrator and by one member who holds nine proxy votes. They argue that to force a change a unanimous agreement is necessary. What can we do?

P C (Costa Blanca)

A.- Your administrator is correct when he says that it takes a vote of 100 per cent to change the original charter, the Escritura de Constitucion, of your community. However it is impossible that your original charter contains the provision that each unit pays the same, regardless of size. No Notary would permit this because it is in fact contrary to the Horizontal law, which specifies that fees must be based on the square metres of the flat. It must have been added later by a vote. This means you can change it by majority vote in the AGM.

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