How should the cost of re-painting be divided?

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winniesmum
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How should the cost of re-painting be divided?

Postby winniesmum » Mon Mar 21, 2011 2:45 pm

My house is a 2 bedroomed townhouse on a small complex of 2 and 3 bedroomed townhouses.
We all pay the same amount of community fees, no matter what size of house.

The houses are due to be re-painted next month. The issue is that the houses vary greatly in size. The 2 beds are all the same size and are very much smaller than the smallest 3 bed but several of the 3 beds are different.

The last time the houses were painted we all paid an exact share but this seems very unfair and not only the 2 bed owners think we should pay less, but the owners of the smaller 3 bed houses also feel they should pay less.

The administrator says this is would be unlawful and that we all have to pay the same amount. However, I'm not convinced he's just saying this as it makes his job easier just to divide the cost equally.
Does anyone know please, how we stand in law?

Many thanks

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gus
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Re: How should the cost of re-painting be divided?

Postby gus » Mon Mar 21, 2011 4:47 pm

As far as I know (and it certainly applies in our community) all community costs should be apportioned in accordance with the size of the individual properties. Your voting power in community issues is also apportioned in exactly the same way - so you would have a smaller say in any community issue than the owner of a larger property.

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Re: How should the cost of re-painting be divided?

Postby swerve » Mon Mar 21, 2011 9:40 pm

Can you not just paint it yourself or employ someone to do it.Btw what is the cost per property if you don't mind me asking. Done ours 2 years ago and the paint wasnt that expensive.Only took a day or two.
It always seems imposible until its done. Nelson Mandela

winniesmum
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Re: How should the cost of re-painting be divided?

Postby winniesmum » Tue Mar 22, 2011 8:16 am

gus wrote:As far as I know (and it certainly applies in our community) all community costs should be apportioned in accordance with the size of the individual properties. Your voting power in community issues is also apportioned in exactly the same way - so you would have a smaller say in any community issue than the owner of a larger property.
So I'm guessing that the statutes would probably have to be changed which many have been calling for for a long time anyway.
Or on the other hand, it's what I thought - the administrator just doesn't want the bother!
But at least your post shows that it can be done.

Thanks for that gus :)

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Re: How should the cost of re-painting be divided?

Postby winniesmum » Tue Mar 22, 2011 8:23 am

swerve wrote:Can you not just paint it yourself or employ someone to do it.Btw what is the cost per property if you don't mind me asking. Done ours 2 years ago and the paint wasnt that expensive.Only took a day or two.

Can't be done, I'm afraid.
Other people have said they don't want their houses included when they've been painted before but you can't just opt out.
I don't know yet how much it will be as the community meeting with the quotes isn't until April but we've been paying 50 euros a month on top of the community fees for the past couple of years or so.

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Re: How should the cost of re-painting be divided?

Postby gus » Tue Mar 22, 2011 1:05 pm

I'll try to dig out the details of a painter we used in Torreblanca for you to pass on to the Administrator - can highly recommend them.

Our community decided each property owner was responsible for their own painting (how that will ever work is beyond me!) and we got this firm, recommended by Spanish friends, who did our (3-bed townhouse) and 2 of our immediate neighbours for some 600 euros per house inclusive of all materials.

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Re: How should the cost of re-painting be divided?

Postby winniesmum » Tue Mar 22, 2011 1:22 pm

Thanks gus, but from what I gather they've got the quotes in and have decided who to go with, it's just the divvying of the cost that's still in question :?

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Re: How should the cost of re-painting be divided?

Postby Mowser » Tue Mar 22, 2011 1:51 pm

Your escritura should show the percentage you have to pay.
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Re: How should the cost of re-painting be divided?

Postby beachbabe » Tue Mar 22, 2011 3:37 pm

The law on horizontal property says fees should be divided up according to the proportion of total meterage owned. It doesn't affect voting tights - that is still one vote per property and is not portioned up.

I believe owners can opt out of the 'proportion owned' rule and opt for equal shares. If you have done that then you'll just have to pay up.

We have similar problems because the meterage calculations do not take into account terraces. Therefore our largest residence, which has the smallest terrace, always pays more than the penthouses with massive roof terraces (complete with walls that need painting.)

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Re: How should the cost of re-painting be divided?

Postby Parilla » Wed Mar 23, 2011 9:00 am

Not exactly true beachbabe, voting rights are proportional, just as the quotas are. One vote per owner only applies to fulfill the "double majority" requirement of the law.
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Re: How should the cost of re-painting be divided?

Postby beachbabe » Wed Mar 23, 2011 2:03 pm

Parilla

That's not my interpretation of the law on horizontal property. I would like clarification that voting on all matters (with the exception you mention) should be in accordance with proportion of square meterage owned. I have spoken to 2 administrators and neither of that opinion.

Can someone please clarify this.

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Re: How should the cost of re-painting be divided?

Postby Parilla » Wed Mar 23, 2011 7:31 pm

Hi beachbabe

Am not an expert in these things, just trying to pass on what I and several others in our community have had to try to learn in order to get ourselves out of the horrendous mess we find ourselves in after years of duff presidents and administrators.

I'm still sure that the law stipulates that the voting rights are dependant on area, ie your vote carries more weight than a smaller dwelling and vice versa. Also, the "double majority" protection relates to owners rather than the dwellings, so if a developer still has 20 homes unsold on his hands, he just has one vote, not 20, and can't manipulate the community for his own ends.

I'm sure the law is quite clear here, so if "administrators" are telling you otherwise thenI would give them a wide birth. Regret to admit my predjudices, as every one of that "profession" I have come across so far leave me cold.

I guess this really is one for David Searl, but he seems to be absent at present, so if anyone else has input I'm sure beachbabe will be grateful.

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Re: How should the cost of re-painting be divided?

Postby Paula » Wed Mar 23, 2011 8:02 pm

I am also sure that Parilla's explanation is correct.

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Re: How should the cost of re-painting be divided?

Postby Mowser » Wed Mar 23, 2011 8:14 pm

You'll find more information HERE

I think the important part is where it states, "An assessment quota shall be allocated to every unit in relation to the value of the building and expressed as a percentage of said value. Said quota shall serve as a coefficient to determine individual unit shares in the expenses and benefits of the community. Improvements or impairments shall not affect the quota allocated to an individual unit, which may be altered only by unanimous agreement."

( The owners may decide that they will split all costs 4 ways - but this must be unanimous).
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Re: How should the cost of re-painting be divided?

Postby beachbabe » Thu Mar 24, 2011 6:27 pm

Quite.

But there is nothing that says votes are apportioned in the same way. At least I can't find anything in the Horizontal laws that dictate voting rights by area owned.

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Re: How should the cost of re-painting be divided?

Postby gus » Thu Mar 24, 2011 7:33 pm

You can count votes any way you like but a "majority" MUST represent a "majority" of the relevant assessment quotas.
This is made clear many times in the act itself.

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Re: How should the cost of re-painting be divided?

Postby Parilla » Fri Mar 25, 2011 6:44 am

Beachbabe - Article 17 of LPH.


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