Sirs,

 

I am the vice president of a large community that was constructed in 1989.  We know the individual property coefficients are written in the deed, the escritura, but they were never incorporated when the community statutes were written and approved in 1989.  The statutes prescribe that the community fees each year shall be calculated and approved by the General Assembly of Owners, after which the sum is divided by the number of properties resulting in each owner of a property paying an equal share.  Lately there have been a number of new residents buying properties and they are very upset to learn that, as owners of what may be a very small one-bedroom, basement apartment, they are expected to pay the same amount as does an owner of a 4 bedroom penthouse.  Many of these owners have not paid their community fees now and managing expenses is quite difficult, especially when the lawyer is charging us more than 20% of our budget to initiate legal actions to collect late fees.  Frankly I don't blame them for objecting to equal payments, as the new horizontal property law seems to specifically require that coefficients be used to calculate the fees paid to the community by use of the coefficients, as stated in the escritura. 

 

I am having a hard time believing that the new horizontal property law has no power to null and void any clause of the old Community Statutes that appear to be in direct conflict with the new law's provisions.  So, my question is, "Does the new Ley de Propiedades Horizontales supersede Community Statutes from 1989 and must we use coefficients to calculate any new fees due, or is the new law a harmless old dog with no teeth and we must continue to calculate fees using what I consider the very unfair equal payment provision of the old Statutes?  What has recently brought things to a head is that two apartments have just been combined into one, reducing the fee calculation denominator to 148, which although slightly increased fees to all other owners, caused quite a disturbence.  Things here are near open revolution, so finding an answer to this question is of paramount importance, yet no lawyer seems to be able, or cares to make any direct, authoritive, or definitive statement about it.  I think their intention is to get on this horse and ride it until it drops.  Please help, if you can.  The pressure is continually rising.

 

Thanks and Best Regards,

D. A.