Can a community of owners force an apartment sale ?

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This topic contains 3 replies, has 4 voices, and was last updated by Profile photo of Anonymous Anonymous 8 years ago.

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  • #54538
    Profile photo of Anonymous
    Anonymous
    Participant

    If there are outstanding community fees for an apartment, can the community of owners apply to the Courts to force the apartment to auction in order to recover the debt ?

    many thanks

  • #88353
    Profile photo of Anonymous
    Anonymous
    Participant

    In theory yes but as always in Spain nothing is ever that straightforward.

    First of all you need approval at AGM/EGM to pursue the debt and authorise the president to instruct court lawyers etc

    Then you can start proceedings and you can place an embargo on the property and then seek to enforce your judgement.

    But bear in mind there may well be other debts such as a mortgage attached to the property and you could well find the property is now worth less than the mortgage.

  • #88355
    Profile photo of Anonymous
    Anonymous
    Participant

    Then you can start proceedings and you can place an embargo on the property and then seek to enforce your judgement

    At least you’ll be able to stop the buggers using it and renting it out, using the facilities others have paid for.

    regards

    Paul

  • #88383
    Profile photo of Anonymous
    Anonymous
    Participant

    Has anyone actually done this and how long and how much money does it take?

    We have a bloke who has never (for the last 4 years) paid his share of fees for a garage space under the block. I suggested changing the lock on the access door and only giving it to those who have paid up. This was dismissed as “inadvisable” but i don’t see why.

    Any help from someone with actual experience appreciated.

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