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 either in the Property Registry nor our Book of Minutes and some owners are paying much more per square metre than others. The community has re-measured all 144 properties by a qualified architect. We will soon vote for the changes at our AGM. The proposal is that we base the fees on the area of the property. My question is: 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 [email protected], or call 952 667 090.

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David Searl

You and the law in spain 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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