It is thanks to the participation fee that communities are able to stand upright. It is a fact that the expenses and burdens of a building, whether benefits or obligations, must be the responsibility of the members of the society.
However, no one explains to them why or how this quota should be set. Below, you will not only understand the basics, but we will also help you with the legal formalities.
What does quota share mean?
If we talk about the participation fee, we are talking about the percentage in which a member of a community of owners is responsible for the expenses and charges.
That is, from porterage and repair expenses to new building benefits, all must be covered by these owners. By certifying it, article 5 of the LPH has established that:
“…the constitutive title of the property by floors shall fix the share of participation corresponding to each floor or premises with respect to the totality of the building…”
In other words, each department will have its own percentage of participation in relation to the total cost of the property.
How is the quota determined?
There are certain procedures that must be followed to determine the participation quota. In addition to those already explained in article 5, it can also be determined through:
The developer-seller: before starting to sell the apartments or apartments.
Community participants: by unanimous agreement.
By arbitration or legal resolution: if none of the above has been approved.
It should be noted that in order to perform any of the percentage determination procedures, the following criteria must be taken into account:
1. The amount of surface area that is useful in relation to the entire structure.
2. The total amount of the exterior and interior site
3. The situation that abounds within the building.
4. The use to which the apartments or premises are put.
In any case, the percentage determination procedure must be established in an objective, not arbitrary, manner.
What is this fee for?
The participation fee has many benefits. However, there are four points that highlight its importance:
1. Gives owners the right to express opinions regarding the building
2. Determine the amount and distribution of the expenses and charges generated in the property.
3. Determines the degree of participation and decision-making rights of the owners regarding upcoming benefits or modifications to the building.
4. Determine which leaders will be required to attend meetings for future agreements regarding the building.
It should be noted that, although leaders will be chosen to represent the community, article 9 of the LPH establishes that:
“They are obligations of each owner….
e) Contribute, in accordance with the participation quota established in the deed or as specially established, to the general expenses for the adequate support of the property, its services, charges and responsibilities that are not susceptible to individualization…”.
Can the quota be changed or modified?
No, although in some cases involving landowner rights it could happen. However, in order for this to be the case, the following parameters must be taken into account:
All participants must agree to the modification.
All participants will have to face a court ruling indicating the rectification of the established quotas.
The law supports the plaintiffs. However, if it is considered that it is not necessary to change the percentage of the owners’ participation quota, it will not be modified.
Can a new participation agreement be adopted ignoring the quota?
The fee is not ignored; even so, the neighbors can establish a payment with unanimous value. However, for this to happen, all owners must agree.
