Community liability

[bunnyrabbit]

3 years ago our community of 226 units voted to instal electric gates (6 in total) to the entrances of the urbanisation. 32 of these units faced outside of the urbanisation & get no benefit from the gates so it was agreed that they should not be liable for the cost of the manufacture & installation of same no mention was made of them being liable for any charges whatsoever. Since then the cost of repairs & maintenance of the gates has been calculated at approx 17,500 euros and the 32 owners have been told they must pay their share of this expenditure under community rules with no exception. We believe that as a precedence was created originally by not being liable for the initial costs then we should be exempt from any other expenses incurred. Advice please.

[Fontanals Solicitors]

The case you are refering to is somehow complicated. We start from the point that a Community of Owners can not go against their own acts, so that if you were exempted to pay before, you should not pay, as long as this payment refers to the same electric gates you were not liable before.

What it should be clear is that the costs of repairs & maintenance are exclusively for the gates.