WHAT DOES IT HAPPEN WHEN AN EXTRAORDINARY QUOTA IS REPORTED?

When extraordinary quota is heard, means extra expenses.

However, is it obligatory to pay the extraordinary quotas or not? Let´s talk about the extraordinary quotas in community owners.

 

WHAT IS AN EXTRAORDINARY QUOTA?

It is an extra cost for extraordinary or not foreseen expenses not included in the annual Community budget.

To approve an extraordinary quota it is indispensable that a extraordinary meeting has been hold, explaining in a clear way the reason, the total amount, so as the quotas and terms for every single owner.

Depending on the reason for the extraordinary quota, the approval will have to be by unanimous vote or by 60%. This point is established in the Horizontal Property Law.

 

WHAT IT IS FOR

Normally the purpose is usually for unforeseen repairs. The most common is:

  • Elevator repair or installation.
  • Improvement or arrangement of pipes.
  • Repair of damage to the façade.
  • Solutions for humidity or plague.

 

IS IT COMPULSORY TO PAY AN EXTRAORDINARY QUOTA?

As soon as the extraordinary quota has been approved, the payment will become an obligation, and will be paid within the approved deadlines. The parameters to be obligated to the payment are:

  • Removal of architectural barriers. In this case, the expense must be less than 12 monthy ordinary quotas payments.
  • Improvement of common areas when the expense does not exceed 3 months of ordinary monthly payment
  • Guarantee the safety, habitability and maintenance of the building.

In case of non-payment of the extraordinary quota, it will be considered a defaulting debtor whoever doesn't pay it, loosing the voting right in the community meetings until the debt is paid.

In the same way, Community Owners can approve to take legal actions in order to claim the non-payments done.

 

CASES THE OWNER COULD REFUSE TO PAY

There are some exceptions that an owner can use not to be obligated to pay it:

  • In the event that the improvements are not for the security, accessibility or conservation of the building and the payment exceeds three ordinary monthly payments of common expenses. This applies as long as the neighbor has voted against the extraordinary quota. If later you want to access these services and improvements, the extraordinary quota must be paid.
  • If the purpose is the installation of telecommunications services, the use of renewable energy or infrastructure is needed to access new collective energy supplies. As in the previous case, the neighbor must have voted against and must pay the extraordinary quota if he wants to use the services later.
  • In the case of challenging the extraordinary quota when it has not been approved by the majority of neighbors, it is contrary to the law, the cost does not coincide with what the neighbor should pay according to the law and the results of the improvement or installation are harmful. for the interests of the community and is only a beneficiary for one or a few neighbors.

Source: Bourgeois fincas