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Professional Advice

Pregunta al Administrador de Fincas: Reparto de cuotas

 Good morning. In the community where I live, all residents pay the same fee, regardless of the square meters of each house. The manager says that, if when purchasing the property, we did  not challenge this agreement we cannot claim and must continue to pay what was agreed at the meeting. Is this true?

Anna A.

Administrator:  Juan López

Good morning. Normal payment established by Horizontal property Law is subject to the coefficients of participation, which are stipulated in the horizontal division  (see your title deed). However, the law permits that this form of distribution can be modified by the community of owners, provided there is a unanimous agreement (since it involves a change of title/statutes). If title/statutes, did not change, new owners entering in the community after, not might be bound by the agreement, since they could not have knowledge of the same. They could  not challenge it, since they did not participate in it.

 I don’t know if your administrator means, perhaps, that if they do not agree you must sue the community to have applied the law, since any agreement to arrive to the community can be above this while there is at least one claiming their rights under it.

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