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We have bought in a community of 18 townhouses. The Management Company has just taken over and fixed our maintenance charges – which we find quite reasonable.
5 owners have not paid any community charges in spite of several “wake up calls” from the President of the Management Committee.
What action can be taken – if any – to secure contributions from these people? Or will those who continue pay their fees have to support the facilitities (gardens – pool etc) for these debtors to use!
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One of the communities I lived on had several owners who did not pay their fee’s or water, it was for a considerable length of time. The community eventually managed to get an embargo on these properties, which mean’t the owners could continue to run up the debt but would not be able to sell, without paying up.
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There are fast, simple, preferent civil procedures to ask for these amounts. The legal fees are imposed to the sued debtor. The Community of Owners ( as a legal entitiy) is the one who will need to take action.
Before taking the leag action, send a notification to the debtors and give them a deadline to pay.
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Just wondered how these charges are worked out and by who, we are waiting to sign for ours which has 105 appartments and 18 locals below some. We understand the builder will run it the first year is this just a way of getting more money out of us, also one guy who was a director of the estate agents that have closed down is after running it, but he owns the only bar supermarket and the new estate agents. Would be intrested in finding how this all works 🙂
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Normally a board of owners is formed and an Administrator , Vise-president and President are elected each year, these also must all be owners on the community.
A budget is proposed and agreed each year by all the above BUT it is the administrator who is all powerful.
All proposals are voted on each year by all owners at the AGM, details of which should be sent to owners a few weeks before the AGM takes place.
Any owners who wish to use there vote but cannot attend in person will be able to vote by proxy.
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Hi,
The community charge for the developments we build in our region is calculated from a “quota” that each property is assigned. This “quota” is on our purchase contracts and is as a percentage of the total community budget. Generally it is based on the square metres of your property against the total square metres of all the properties. This “quota” cannot easily be changed as it will affect all other “quotas” in the community so it will remain fixed. This “quota” is also mentioned in the escritura. Therefore you should look to see if it is in the original purchase contract or your esctitura. The community budget is set by the administrators and you pay your percentage accordingly.
If someone is not paying, the community president needs to advise the adminstrators that court action will be required and the ultimate punishment could be the confiscation of the property and it is then sold to meet the debt. This is quite drastic and you will need to check in the community statutes as to the procedures and timescales the community has adopted to take this action. This will invlove various registered letters to the owner giving time to pay.
An owner cannot refuse to pay his community charge and must pay even if he has complaints against the community. However, in practise some people just dont pay. In our communities any person who is behind can attend the AGM or any other meeting but has no right to vote.
Ultimately the President needs to get tough otherwise the community could fall behind with its own bills and you have situations where a community cannot have the pool running etc etc beacuse its own bills are not paid.
Some of the Presidents in our region produce small newletters and name and shame those who have not paid and include how much they owe. This really works when the non-payer get shunned in the pool when they havent paid for it !!
Hope this helps
Bernard
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