Page 1 of 2 12 LastLast
Results 1 to 10 of 19

Thread: Condo doubles fees

  1. #1
    Regular
    Join Date
    Feb 2008
    Posts
    13
    Post Thanks / Like

    Default Condo doubles fees

    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!!!

  2. #2
    Banned
    Join Date
    Nov 2009
    Posts
    3,352
    Post Thanks / Like

    Default

    you need a lawyer bro

  3. #3
    Regular
    Join Date
    Mar 2009
    Posts
    321
    Post Thanks / Like

    Default

    Quote Originally Posted by otis View Post
    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?

  4. #4
    Regular
    Join Date
    Jan 2010
    Posts
    69
    Post Thanks / Like

    Default

    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.

  5. #5
    Platinum
    Join Date
    Jan 2002
    Posts
    12,265
    Post Thanks / Like

    Default

    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?

  6. #6
    DR1 Expert
    Join Date
    Jan 2002
    Posts
    2,229
    Post Thanks / Like

    Default

    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.
    Fabio J. Guzman
    Guzman Ariza
    Attorneys-at-Law
    Sosúa, Santo Domingo, San Francisco de Macorís, Cabrera
    Las Terrenas, Samaná, Bávaro (Punta Cana) and La Romana
    Dominican Republic


    [email protected]


    Website

    The opinion above should not be construed to be formal legal advice and was given without reviewing the facts and documents pertinent to the case. The reader should NOT act based upon this opinion without seeking professional counsel.

  7. #7
    Bronze
    Join Date
    Mar 2007
    Posts
    852
    Post Thanks / Like

    Default

    Quote Originally Posted by Fabio J. Guzman View Post
    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

  8. #8
    Platinum
    Join Date
    Jan 2002
    Posts
    12,265
    Post Thanks / Like

    Default

    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.

  9. #9
    Silver
    Join Date
    Aug 2008
    Posts
    3,377
    Post Thanks / Like

    Default

    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?

  10. #10
    Regular
    Join Date
    Feb 2008
    Posts
    13
    Post Thanks / Like

    Default

    Quote Originally Posted by Ken2 View Post
    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

Page 1 of 2 12 LastLast

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •