Reply To: Legal advice – Community fees

#72869
mariadecastro
Participant

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.