Condo doubles fees

otis

New member
Feb 19, 2008
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My condo just doubled my maintenance fees - saying that they incorrectly charged me for the last 5 years (they only changed my rate)-----. They say the rate is based on sqm as per the title - however the bylaws do not say by title and my apartment was not built to what the developer put on the constitution or the title. What recourse do I have? as I can not rent or sell with fees this high!!!
 
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Afgan

New member
Mar 29, 2009
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My condo just doubled my maintenance fees - saying that they incorrectly charged me for the last 5 years (they only changed my rate)-----. They say the rate is based on sqm as per the title - however the bylaws do not say by title and my apartment was not built to what the developer put on the constitution or the title. What recourse do I have? as I can not rent or sell with fees this high!!!

where is it? Sosua? Cabarete?
 

cdnresident

New member
Jan 7, 2010
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If you have your payed invoices from the past there is nothing they can do. I would get HOA President and ask to call a meeting to explaine the increase which can not exceed the inflation rate nor can be presented with out the vote from the owners on an annual budget.
 

Ken

Platinum
Jan 1, 2002
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Otis, the fee they are now trying to collect, is it the same fee being paid by other owners or is it a higher fee than others are paying because they think in this way they can get the money they apparently think is owed them?

During past 5 years, how did you know what you should be paying in maintenance fees? Did you get something from the condo telling you what your fee was?

Did you get a receipt when you paid your fees?

Is there anything in the rules that indicates how the fee for a particular apartment should be established? If I understood your post, there either isn't or what they are claiming is different than what it says.

Was the decision to double your fee made by the Assembly of owners or by the administration of the condo?

If you don't mind, what were you paying per month and what are they trying to collect now?
 

j&t's future

Bronze
Mar 6, 2007
2,502
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The proportion of the expenses to be paid by each condo owner is fixed in the condo regulations and cannot be changed without the UNANIMOUS CONSENT of all condo owners.

Mr. Guzman, what happens if the "owner of the entire project" has more titles/dislendes than the total number of occupants put together in this project, is he allowed to use multiple votes in relation to the number of condo's that he/she may hold the title/dislende too?

Many thanks

J&T
 

Ken

Platinum
Jan 1, 2002
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Although I was not living where I do now, I know that the developer of the condo where I am living voted each of the apartments for which he had titles. He has none now, but when I moved in 10 years ago he still had titles for 5 of the apartments and was voting them.

Because of some language in the bylaws, 2 of the 5 were voted by his proxies, but I am sure they got their instructions from the owner.
 

pedrochemical

Silver
Aug 22, 2008
3,410
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Unanimous consent is not the same as a majority vote.
So even if somebody does have a large block of votes then it would only take one dissenter to veto the vote?

Therefore as an owner they would not be able to raise the fees on you unless you agreed?

Is this correct?
 

otis

New member
Feb 19, 2008
17
2
0
Otis, the fee they are now trying to collect, is it the same fee being paid by other owners or is it a higher fee than others are paying because they think in this way they can get the money they apparently think is owed them?

During past 5 years, how did you know what you should be paying in maintenance fees? Did you get something from the condo telling you what your fee was?

Did you get a receipt when you paid your fees?

Is there anything in the rules that indicates how the fee for a particular apartment should be established? If I understood your post, there either isn't or what they are claiming is different than what it says.

Was the decision to double your fee made by the Assembly of owners or by the administration of the condo?

If you don't mind, what were you paying per month and what are they trying to collect now?


I have receipts dating back 5 years and it has stated the basis of the sqm being charged me. The basis for the fee is per sq meter ours was set before we bought the apartment. The condo rules relating to the fee simply says " Los propietarios aprtaran para sufragar los gastos comunes una cuota mensual la cual ha sido fijada para el prier ano el equivalente en pesos dominicanots de uno punto incuenta dolares por cada metro cuadrado. El monto de la contricucion mensual stara sujeto a variaciones con motivo de los cambios que puedan operarse en el costo del mantenimiento de las areas comunes y en la remuneracion del personal del Condominio. As I was not there from the start I do not have the original AGM docs that may have set the fee for each apartment and the condo does not have them either as it was not run well. I dont know if the other apartments are charged by title or actual size but I do know that there are apartments that have doubled their size by occupying common property (building on the roofs) and they pay only for the size of their original apartment. My rates increased from $400 to over $800 per month. I thought I was going to live in the DR relatively inexpensively - this is more than I would pay in rent here. I did not receive an official notice from the condo raising the fee just an invoice doubling it - when I asked about the change the Admin said that they had made a mistake over the last 5 yrs and they are charging by what it says I own in the titles. THanks for your help
 

Squat

Tropical geek in Las Terrenas
Jan 1, 2002
2,239
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Way overpriced... I don?t know if you live in such a luxurius place that requires amazingly high fees, but this definitly looks suspicious ! 400us$ is already enough...

-How many units for that condo ?

-What expenses ? (how many pools, parking spaces, plantas, watchees, employees, water bill, power bill, garbage removal bill, administrator?s share etc...)
 
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Ken

Platinum
Jan 1, 2002
13,884
495
83
I strongly recommend that you make an appointment with Fabio Guzman's law firm and discuss your case with them. You can email info@drlawyer.com Include in your message that you have had some communication from Fabio on DR1 and want to have an appointment to discuss your problem.

This is likely to cost you a few hundred US dollars, or equivalent in pesos, but what you are facing at the condo is so costly that nobody can afford it.

Not knowing whether the maintenance fee at your condo includes such things as your electricity, cooking gas, telephone and computer charges, etc., etc., I won't say that even the $400 seems out of line, but based on the figures you quoted, you cannot afford not to have a lawyer

I'm sure you can get cheaper lawyers, but you want somebody who knows the condo law and has had experience dealing with condos. Also, that you can trust.
 

La Mariposa

Bronze
Jun 4, 2004
1,843
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I have receipts dating back 5 years and it has stated the basis of the sqm being charged me. The basis for the fee is per sq meter ours was set before we bought the apartment. The condo rules relating to the fee simply says " Los propietarios aprtaran para sufragar los gastos comunes una cuota mensual la cual ha sido fijada para el prier ano el equivalente en pesos dominicanots de uno punto incuenta dolares por cada metro cuadrado. El monto de la contricucion mensual stara sujeto a variaciones con motivo de los cambios que puedan operarse en el costo del mantenimiento de las areas comunes y en la remuneracion del personal del Condominio. As I was not there from the start I do not have the original AGM docs that may have set the fee for each apartment and the condo does not have them either as it was not run well. I dont know if the other apartments are charged by title or actual size but I do know that there are apartments that have doubled their size by occupying common property (building on the roofs) and they pay only for the size of their original apartment. My rates increased from $400 to over $800 per month. I thought I was going to live in the DR relatively inexpensively - this is more than I would pay in rent here. I did not receive an official notice from the condo raising the fee just an invoice doubling it - when I asked about the change the Admin said that they had made a mistake over the last 5 yrs and they are charging by what it says I own in the titles. THanks for your help

Are you serious ?? Have I read well ?? As Ken2 told you, get a lawyer fastttttttttttt
 

otis

New member
Feb 19, 2008
17
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No joke! When I first bought it was $240 per month - which I thought was high but it included generator. Then the Assembly raised the rate to 2.50 per s meter. The generator was disabled and we all had to get inverters. Then they stopped supplying hot water and we had to get water heaters. We pay electricity and cable separately. This is in Sosua and I thought the $400 was out of line. Now I am just outraged. Thanks for your help - I am off to the lawyers - but still would like to know if anyone can help - what legal grounds I have?
 
May 29, 2006
10,265
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I was paying $400 to rent in the Palms in Sosua for an efficiency apt and I think the monthly maintenace fees were under $150(included in the rent). The apt came fully furnished including kitchen equp and sat TV. The place is renting now for $325 with the same features. $400 a month is simply obscene for what you are getting. It sounds to me that they have broken the terms of contract on several occations as it is. If the planta was damaged, that is their problem, not yours.
 

DR Mpe

Banned
Mar 31, 2003
1,191
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No joke! When I first bought it was $240 per month - which I thought was high but it included generator. Then the Assembly raised the rate to 2.50 per s meter. The generator was disabled and we all had to get inverters. Then they stopped supplying hot water and we had to get water heaters. We pay electricity and cable separately. This is in Sosua and I thought the $400 was out of line. Now I am just outraged. Thanks for your help - I am off to the lawyers - but still would like to know if anyone can help - what legal grounds I have?

400/2,5... I guess ur apartment is 160 sqm then. Well u can not compare them with the smalll studios at Palms, but 800 is ridiculous regardless size. Like u said, u rent cheaper long term.
 
May 29, 2006
10,265
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I just checked and my apt was 39 m^2 at the Palms, so $2.50/ m^2 would be comprable with the electric included, by the area. However, going by a rate by area seems very unfair to people with large spaces. Most costs other than the electric(with AC) are fixed and you aren't getting electric.
 

Ken

Platinum
Jan 1, 2002
13,884
495
83
.....However, going by a rate by area seems very unfair to people with large spaces. Most costs other than the electric(with AC) are fixed and you aren't getting electric.

Yes, but this is not unusual. Article 4 of the Condominium Law says:

"Article 4.- Unless otherwise provided, each unit owner, for the enjoyment of his/her exclusive property, may use freely the common areas and facilities in accordance with their intended purpose, without hindering or encroaching upon the lawful rights of the other unit owners. He or she shall be obligated to contribute proportionately to the expenses of conservation, maintenance, repair and administration of the common areas and facilities.

"Except if otherwise agreed, such contribution shall be proportionate to the value of the divisible fractions of the building, taking into account their extension and situation. The percentage fixed in the bylaws, which should be registered upon submitting the property to the provisions of this law, may be modified only by unanimous agreement of all those concerned."

Because this language is in the law, similar language is very often used by the condo developer in writing the first bylaws that must be submitted, along with other documents, to get the property declared a condominium. The only way this can e changed is to have a unanimous agreement of the owners.

In the condo where I live, we had no difficulty getting this changed because the difference in size between apartments was only 15 sq mts. But in condos where, for example, you have pent houses at the top and efficiency apartments on the ground floor, it is impossible for me to believe that the bottom floor owners would agree to subsidize the rich folks on the top floor.

If there is a formula in the bylaws that bases maintenance fees on square meters, I think the OP is stuck with whatever figure has been agreed for apartments the size of his.

But my layman's opinion is that they cannot now punish him for a mistake they made by charging him more than what he is required to pay by the wording of the bylaws. I'll be very surprised if the lawyer doesn't say the same in the letter he will write on behalf of the OP to the Condo powers to be.

Also, if any part of whatever formula that is in the bylaws is different today than it was when the bylaws were registered, then the OP should have a check of the minutes to be sure the change was approved unanimously and not just by a majority of those present and voting.

What he needs is a lawyer experienced in condo law, not just a lawyer. You wouldn't go to a general practitioner if you needed
a hip replacement and you shouldn't go to a general lawyer if you have a problem that requires help of someone who knows the condo law and has experience taking matters to the Land Court (the court that deals with violations of the Condo Law) in matters related to the interpretation and administration of the condo law.

Now that this is in play, he may also want to raise the issue of apartments that increased in size and may not have had their fees raised. But if he does this, I think it would be best to do it in discussion with the administration of the condo so as to put some pressure on them to be reasonable in his case (assuming maintenance fees wee not raised in every case where they should have been) rather than in a public statement within the condo. I would not want to read on this board that the OP was found dead outside the condo, apparently having been thrown off the roof or out of the window of one of the enlarged apartments.
 
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