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Robert@quesada
10-17-2005, 11:28 PM
I have been the owner of a very small Studio flat for about 15 years.
It is in a small block of about 34 units, made up of 9 studio's, and a mixture of 1 and 2 bed apartments. There is also 1 large apartment that was made up of what was originally to be 2 x 3 bed apartments.
During that time the community fees has been kept fairly stable and never rose by any great amount.
As my studio is the smallest unit in the block my fees have been quite reasonable.
The community has recently agreed several deals with local TV suppliers to site masks on the roof of the block, which is bringing in quite a substantial amount of money to the community.
This was expected by everyone to have the effect of reducing fees substantially, as well as provide all owners with a free tv service.
The free TV has never happend, even though the masts have been installed for almost a year. But that is not all.
The problem is that at this years Residents Annual Meeting the few resident owners that held the meeting voted amonst themselves to inflict an equal amount community fee on every property. They claim that they voted unanimously to bring this in even though the total number at the meeting was in single figures. All of which live in the largest properties in the block.
This has the effect of reducing their own contribution substantially, while at the same time increasing everyone else's. The increase on my Studio is nearly treble.
Is this Legal.

Expert advisor
10-28-2005, 07:43 AM
The situation you describe in you e-mail can be considered as legal. However, the decision, bearing in mind that it means a change on the system already decided on the Constituent Title of Horizontal Division, should have been passed by all the members of the Community without exception, by those who attended the meeting, and communicated to those who did not attend the meeting, for them to be able to show their disagreement whithin the period of time allowed to that effect.

We remain at your entire disposal to any matter you require.