Interesting Information on Paying Community Fees

News Date: jueves, 27 de octubre de 2011

Property News in Spain
Spanish Property News
I found this article quite interesting and decided to share it with everyone as I believe it affects many owners on communities here.  This article is taken from the Key to Mijas Costa magazine written by their solicitor:-

The Horizontal Property Law does not give full preference to community fees in comparison to other charges on the property.  As a result of this regulation, for example, the bank can execute the property for the non-payment of a mortgage, and consequently, the credit in favour of the community will be cleared. (The community will only be able to get the fees of the year in which the sale or the auction was made, and the fees for the year before).

Courts are very busy and they may take a long time to finish with the proceedings.

In this situation, many owners ask the president or administrator to take stronger measures against owners in arrears.  For example, many people now propose to cut off the water to their flats that is paid by the community; to prohibit them using the pool; to deny them a new key to get into the garage; to cut off their TV signal etc.

We would advise you that all these measures are illegal and may be considered a criminal offence, so the debtor is perfectly entitled to take the president or administrator to court and they could be sentenced to prison.  The tenant would have the same rights on a property in arrears.

All the above was taken from the magazine mentioned and in addition Sorrel and I are attending a seminar next month with a law firm here and will ask plenty of questions and ascertain the accuracy of this and many other questions that our owners/clients may have.

Spanish Rental and Property News by News Desk

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