Should all apartments in a block pay the same regardless of size?

Q.- My urbanisation in Mallorca has four blocks, and a total of 16 apartments. We pay our community fees based upon the size of each apartment. But each of the apartments (regardless of the size) pay the same amount towards the sinking fund. Is this legally correct?

The president would like to have all of the urbanisation repainted at a cost of €100,000. His idea is to fund this by taking €20,000 from the sinking fund, and the remaining €80,000 by a one-time €5,000 charge from each apartment owner. Can he request the same amount from the smallest apartment owners as the largest? 

A.- The Horizontal Law in Article 9, paragraph (f), states clearly that members of the community shall contribute to the reserve fund according to their quotas, that is, their assigned community fees.

However, it also provides in paragraph (e) for the establishment of other systems. If the AGM votes a special assessment which is larger than three months of community fees, a member can refuse to pay it.

Any member who feels that a decision of the AGM has seriously prejudiced his interests can go to court to impugn the results of the vote.

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