Yes there are probably the 'in' owners who get reduced rates via special services/favors/money back etc and the out crowd who pays for the shenanigans. The Gringos will always be in the latter group.
It is understandable that they don't want to let the original receipts out of their possession. But if they are willing to provide copies of all of the receipts, you can then go through them and flag any that you think are suspicious. Then make an appointment to see and examine the original receipts.Absolutely-this is what I have been working on to do an independent audit, but owners are scared or don't want to be involved for whatever reason. Administrator holds the receipts and will only give copies and not the originals. Audit firms want to see originals and would have to go directly into the Administrator's office to investigate.
A proper legal opinion is needed for your issues. However, with over 30 years of condo ownership I would guess none of these increases are legally binding if the management did not follow the bylaws and file any changes with the Land Court. I believe a 75% vote is needed for those changes assuming your condo uses the same 1958 boiler-plate by laws most condos use here. Let's hope someone from Guzman's office can be the legal eagle you need.
It is understandable that they don't want to let the original receipts out of their possession. But if they are willing to provide copies of all of the receipts, you can then go through them and flag any that you think are suspicious. Then make an appointment to see and examine the original receipts.
As far as determining if there was a quorum, there is a specific format that should be followed that includes taking attendance at the beginning of the meeting, recording any proxies and providing copies of them, and having a copy of all owners titles to insure that they are the person legally responsible for voting. If you pm me I can send you a copy of our last owners meeting so that you can see the format followed by the lawyer that assisted us.
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Go to DR1 home page and on the right side of the real estate hyperlinks you'll see the condo laws recognized by the Land Court. Article 12 references the 75% majority I mentioned in my previous post.
Long story short, the Administration and Council of my apartment complex continue to raise the monthly association fee to the point that I can no longer find any buyers for my apartment. I am in the process of trying to sale the property and the real estate agents told me that the current level at $RD9,000 is already too high. I didn't dare tell them that there are plans to raise it up to $RD11,000 making it virtually impossible to find a buyer and possibly devaluing the price of the apartment itself.
I wonder if there is some legal recourse that can be taken, if the monthly condo fee is raised to the point that it financially impairs the owners of the properties.
Please advise, if possible. God's speed.
If I am not mistaken that is $200 usd under the current exchange rate. Depending where the property is that is really not outrageous. That is really on the lower end of fees. I know of some that pay close to $300 or more. What is covered by your monthly fee?
The head of the condo assoc. IS stealing your money, and probably sharing it, or giving a lower monthly fee to the other members.
There is little you can do.
I had a friend with the same problem.
He got enough of the other tenants being "SCREWED" to force the building to be managed by a condo maintenance company,
Who gives a monthly accounting of where to money is spent.
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SD,... then contact "Guzman Ariza"!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
If I am not mistaken that is $200 usd under the current exchange rate. Depending where the property is that is really not outrageous. That is really on the lower end of fees. I know of some that pay close to $300 or more. What is covered by your monthly fee?
Thanks for the useful information-I am going to investigate this further. Is it 75% of the approval of all of the property owners OR 75% of the property owners present at the meeting satisfying the quorum requirement?
A increase in maintenance fees must be made by the assembly of condo owners.
An absolute majority of votes is required: 50% +1 of all possible votes (not 51%).
LTSteve, This covers all of the water-gas-planta-security-cleaning common areas-maintenance of gates, elevators, etc. etc.
The problem with your thesis is that we have two exact type properties built by the same construction company right near us here with the exact same type structure and apartments and they are combined paying around $RD8,000 per month.
Can you say which project it is?
Is this building also being managen by an management company? Of not, there's your difference.
Can't judge if 8,000 / 9,000 or 11,000 is a lot. I pay 4,500 but that's without generator and quite simple security, but on the other hand we are only 10 houses. I've recently visited several projects in Arroyo Hondo and they were often above 10,000 pesos. Only the very big ones, like Isabela Villas, Cuesta Hermosa, have low amounts, but then you're talking hundreds of owners.
Can you say which project it is?