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Professional Advice

Ask the Administrator: Levy not used

A year ago, the community approved an extra payment for the installation of an elevator, so all the neighbours made an important contribution.  Finally the installation could not be carried out due a technical problem with the building, but the community did not refund the contributions, but that money has been saved for future repairs.  Can I apply for my contribution to be refunded to me?

Jaime J.

Administrator:  Agustin Pascual del Riquelme

What the community did was to provide those amounts to the reserve fund, but although the owners must contribute to the endowment of this Fund to attend the works of maintenance and repair of the property, certainly,  the contribution made by you has not been destined to the purpose for which you made the payment, and therefore you are entitled to require that the amount is returned if you do not agree with that decision of keeping the money as  contingent on future works that have still not been approved by the community.  Unless that the community agreed at the AGM to include that fund in that budget expenditure.

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