[Anonymous]

The administrator of our community is asking us to pay the fees from the day the first occupancy permit was registered. We have exchange contract with the developer about 6 months after that and were expecting to pay fees from when taking procession. Our lawyer as not been very useful and just said that we should pay even if the developer is not in is rights… We did some investigation on our own and found out that according to the article 9(e) of the Horizontal Ownership law. The title deeds can not be executed without a certification of the community fees balance of the property to be transferred, unless the acquirer explicitly exonerates him of this obligation.

Who is responsible of asking for this declaration form the president and secretary of the community, the lawyer or the notary?

If both my lawyer and the notary omitted to request the declaration, what is the legal situation in regards to this?

Thank you for your help.

For reference I attached links to the Horizontal Ownership law:
Spanish: http://www.comunidades.com/comunidades/legislacion/reforma_lph.htm
English translation: http://www.c-euro.org/index.php?option=com_content&task=view&id=92&Itemid=31

[mariadecastro]

PLEASE FIND ANSWERS IN CAPITAL LETTERS:

We did some investigation on our own and found out that according to the article 9(e) of the Horizontal Ownership law. The title deeds can not be executed without a certification of the community fees balance of the property to be transferred, unless the acquirer explicitly exonerates him of this obligation.

Who is responsible of asking for this declaration form the president and secretary of the community, the lawyer or the notary? THE INSTERESTED PARTY ( OR LAWYER) NEED TO ASK IT FROM THE SECRETARY WITH THE CONSENT OF THE PRESIDENT

If both my lawyer and the notary omitted to request the declaration, what is the legal situation in regards to this? IT MAY BE THAT YOU ARE NOW LIABLE OF OLD UNPAID FEES OF PREVIOUS OWNER.

THE COMMUNITY FEES ARE NOT DUE TILL THE COMMUNITY OS LEGALLY FORMED, USUALLY IN THE FIRST GENERAL MEETING OF OWNERS AFTER THE DEVELOPMENT IS FINISHED, NOT BEFORE.

[Author]

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