A spill can cause quite a spectacle in a community of neighbours, but can anyone get away with it? Today we reveal it to you!
Nobody likes having to pay a community charge, so many homeowners question whether they are obliged to do so or not. In this post we will explain when you have a legal responsibility and when you don't in this type of situation.
What does a derrama consist of?
The derramas are extraordinary expenses that the communities have to carry out to face an unforeseen expense to maintain a correct state of conservation of the property or to carry out innovations in the common elements.
How is a derrama formulated and approved?
The first step is to call a meeting of the owners' meeting. This notice must define the agenda for the meeting, i.e. the items to be dealt with. Once the meeting has been called, it will be held on the day and in the place indicated, and the resolutions to be passed will be adopted.
The resolutions must respect the majorities established by the applicable regulations. Otherwise, the agreement could be challenged in court. Thus, the judge will have to review whether the agreement that was adopted by the neighbours was made correctly (there are many details about the majorities required for each levy) and therefore whether you will have to pay the levy and, subsequently, the judge will rule on its validity.
When can you not pay a derrama?
If a derrama is approved as a result of an agreement at the owners' meeting, you will have to pay it as a legal obligation. There are only two exceptions in which you as the owner will not have to pay the surcharge even though the resolution has been passed and provided that you expressly object to it in the vote. These exceptions are:
- Agreements referring to the installation of common infrastructures for the access or transformation of telecommunication services, for the installation of systems for the use of renewable energies or for the installation of infrastructures essential for accessing new collective energy supplies.
- Agreements relating to the carrying out of new installations, services or improvements not necessary for the proper conservation, security and accessibility of the property, and provided that the amount of the derrama is greater than three monthly payments of ordinary expenses.
Is it possible to have to pay the spill if it has not been agreed at the meeting?
Yes, there are three cases in which the owners will have to pay the derrama despite the fact that no agreement has been taken at the owners' meeting:
- When the derramas consist of repair works necessary to maintain and conserve the property, its services and installations and, specifically, those necessary to satisfy the basic requirements of safety, habitability and universal accessibility.
- When the charges are based on the installation of ramps, elevators or other mechanical and/or electronic devices that guarantee universal accessibility for persons with disabilities or persons over 70 years of age who live, work or provide voluntary services in the property.
- When the assessments include the construction of new floors and any other alteration of the building that is imposed by the inclusion of the property in a rehabilitation or urban regeneration and renovation area.
If you do not agree with a derrama and you want to challenge it judicially because you believe that it has not been done according to the law, you need a lawyer to take the case. In Audacia Lawyers we can take you that claim.