Community charges cannot be enforced on properties which are unihabitable by Law (i.e. no LFO/Habitation Licence).
I would also suspect this is incorrect as we have just won a case against someone who has never paid their community fees and their apartment has been impounded and is now awaiting sale. We don’t have a LFO.
Hi Paul – am really interested re. this point.
Can I ask whether the owner of this particular apartment had completed or not? Am I correct in assuming they have?
I get the feeling Suzanne and Katy are talking about the situation when someone has not completed, and whether they are legally liable to pay community fees or not, based on (supposedly 🙄 ) one is not legally obliged to complete without the said LFO…..despite recent court decisions.
Frank’s post was taken from a much longer article originally written by David Nicholson entitled: “Entering a Community and the Role of the President”. As Mr. Nicholson does not touch anywhere in his article on the scenario of an illegal build without an LFO, one can assume all he wrote on this subject pertains to legal builds. He only advises caution to make sure there are no outstanding debts on the property before completing.
Hi Frank – you ask “If developers win cases, will outstanding or back dated fees be a charge on the property?”. If the developers win cases forcing purchasers to complete where there is no LFO, I personally have not yet heard of any of these purchasers completing or paying back fees. All the ones I know of are going to appeal.
Would be interesting to hear if completing and paying backdated fees in this situation has actually happened yet. It’s a good question.
edited because I said ‘with’ instead of ‘without’. 😳