When you become the owner of a flat, you should not forget that during its useful life you may have to deal with what is known as spill. Namely, extra money that each neighbor must contribute to undertake certain actions or community reforms that are required in the block of flats. Works that, in most cases, are urgent and necessary.
Today, from 65y more we have cleared some of the most common doubts when it comes to contributing this extra money, in addition to discovering the obligations and rights that each user has in this regard.
An extraordinary neighborhood fee
When in the common accounts of said community there are not enough funds to face these unforeseen expenses, it is when a spill is requested between all the owners. A decision that serves to pay, for example, the installation or repair of the elevator, a façade with dampness, renew the electrical installation or make the portal area more accessible through the removal of architectural barriers. These are just some of the occasions when it is required a separate economic injection, as they remember from the Professional College of Property Administrators of Madrid (@CAFMadrid).
A spill that can be used for urgent repair situations or to pay for improvement works in the neighborhood community. For this reason, as these experts recall, it is important that each year the farm administrator and the owners of the houses make a planning your accounts in order to avoid future surprises. And it is that in many occasions it is about large sums of money that a neighbor may not have at the moment.
Thus, once the destination of said amount has been established, it is necessary approve the decision by all the residents of the property. Thus, this agreement must be signed at least by the simple majority of the owners who have attended the meeting of owners, where this point is debated, and that, in turn, represent the majority of the participation quotas: unanimity, 3/5 majority, simple majority or 1/3 agreement.
Once the vote is resolved, the distribution of payment of the spill among the neighbors. Something that is established based on the participation coefficient of the floor of each of them. That is to say, of the useful surface of the house of each owner in relation to the total area of the common building.
However, the owners’ meeting may have decided that the spill will be paid equally by all. A formula that is also perfectly valid and that must be reflected in the statutes.
Is it mandatory to deal with a spill?
On some occasions, one of the owners may disagree with the work to be carried out (he does not consider it necessary) or with the cost of the same and for this reason he refuses to contribute his corresponding part. You can even exercise your right to challenge the agreement in court established if you are not satisfied.
However, if such reform should be done to keep the houses in good condition, one cannot back down; especially if for legal purposes the corresponding resolution has already been adopted in the neighborhood council. If you do, the rest of the neighborhood community can ask you to pay through the courts since they will have to do a higher outlay to pay the corresponding share of the neighbor who has refused. This is explained by the Organization of Consumers and Users (@consumers).
In line with the latter, there are certain circumstances such as the work not being strictly relevant or go against the law of any of the neighbors, and this is reflected in the statutes. In these cases, you can vote against and even take your decision to a competent court. But, yes, while a sentence is handed down and if the spill is approved in the board by the legal majority, there is no possible excuse for not paying it. Another thing is that the judge’s ruling later grants the reason to the disgruntled neighbor. Then a different procedure would start.
Therefore, before refusing to facilitate a work in the community of neighbors with the consequent spill, it is important to know these previous data:
- If the work is for improve accessibility of the property (ramps, elevators, lift chairs …) and in the block there are disabled people or people over 70 years old, this type of renovation they do not need a neighborhood agreement and they must be borne by all without exception. As long as the total amount is not higher than what it would be one year of ordinary fees.
- If the end of said action is not so important, urgent or necessary (change mailboxes, for example), in this case and if the board gives its approval, the neighbors must pay for it. Of course, the final payment does not exceed 3 monthly payments normal community.
- Finally, if the idea is to install a new television antenna, only the owners who approve it will have to pay for it, as specified by the OCU. If later another neighbor wants to join later, they must contribute what corresponds to them.