Maintenance charges on a complex

[janmack]

Someone has just told us that we have being doing it wrong for the last 10 years and that maintenance charges on a complex should be calculated by the size of the individual properties.  Does anyone know if this is true at all.  Our complex comprises of 2 types of villas and those with private pools have always paid more...and everyone has been OK about it...until now.  Any comments/advice/suggestions please? 

[Scunner]

All the complexes I recall, like the two bed downstairs/three bed duplex upstairs type have all paid the same. I can't think of any where larger properties paid more - but things may have changed in the last few years.

What's the logic of it - people with more rooms use the grass more?

[Ian]

I think the key is "private pools" if they were paying the same and can use their private pool and the communal pool then it would seem they would have an advantage so it seems reasonable that they should pay more towards any additional costs for their private pools or allow access to them :-)

[janmack]

No logic as far as we can see...we always understood that the charges were for the communal costs of electricity, chemicals, seeds etc.  Those with private pools have always paid more than those without to cover cleaning, grouting etc and it has never been an issue, in fact our maintenance charges have come down this year.  I personally think it's because some people are trying to sell their properties and are trying to get their maintenance reduced even more to make the sale seem a bit more attractive.  The person who is questioning it has not actually mentioned private pools, they are stating that it is the size of the villa which dictates the costs...however they say they got this information from a lawyer who used to work for Hanel...that alone makes us very sceptical!

[Liz 101]

If the complex is legally set up & the maintenance charges are correctly entered in the decision book, then I don't see that you are necessarily doing anything wrong.

[janmack]

The complex is legal and the maintenance charges are voted on and agreed by all.  Everything is in the decision book.  Toys and prams are now coming to mind...

[Fran]

In that case you could argue that people who rent out their properties should pay more, as they and their guests get more use from the communal facilities. If it's in the book,voted on and notarised then it's legal.

[IanK]

This topic has also been discussed on our complex recently - where we have always had different prices for villas and apartments - but some owners believe the apartment prices should also differ based on size.

I have been told that:

Condominium law states that maintenance should be based on land share (shown on Tapu)  UNLESS otherwise agreed by the home owners at AGM etc.

The fact you have been using your current scheme for 10 years kind of implies it is agreed by the home owners!

Ian

[janmack]

Hopefully some light will be shed on it tomorrow.  Lawyers involved now so I'd best shut up for the time being:(

[grahamturner09]

My c