Debtors

[karaokeking]

When you have an owner of an apartment who get's behind with there community fees, is there any kind of law that there apartment can be sold and the fees owing can be taken out of the proceeds. There must be some law or another that the community, can get there money out of the owners. What system do they use to get the money out of them.

The apartment block i am in, have got several owners owing hundreds, and a couple who owe, thousands. and some are still letting there apartments out. How can that be fair. Thanks.

[delderek]

When you have an owner of an apartment who get's behind with there community fees, is there any kind of law that there apartment can be sold and the fees owing can be taken out of the proceeds. There must be some law or another that the community, can get there money out of the owners. What system do they use to get the money out of them.

The apartment block i am in, have got several owners owing hundreds, and a couple who owe, thousands. and some are still letting there apartments out. How can that be fair. Thanks.

The community can take debtors to court, if they still don't pay the property can be auctioned to pay community fees. But knowing Tenerife it's not going to be quick.

[tfs1]

The community can take debtors to court, if they still don't pay the property can be auctioned to pay community fees. But knowing Tenerife it's not going to be quick.

and it has happened, not sure of the timescales involved but I am aware of an owner refusing to pay community fees etc which built up over a few years and the complex administrators went to court, the court took ownership of the apartment, sold it for what they could get, debtors got their monies and what was left after also paying court fees etc went to the 'previous' owner. He was a bit of a prat really.

[essexeddie]

and it has happened, not sure of the timescales involved but I am aware of an owner refusing to pay community fees etc which built up over a few years and the complex administrators went to court, the court took ownership of the apartment, sold it for what they could get, debtors got their monies and what was left after also paying court fees etc went to the 'previous' owner. He was a bit of a prat really.


I may be wrong but I believe only the past two years can be claimed back. It's all very unfair. If everyone did that the complex would fall apart.


.

[tfs1]

I may be wrong but I believe only the past two years can be claimed back. It's all very unfair. If everyone did that the complex would fall apart.


.

eddie, not sure on that level of detail but if that is true it is indeed unfair. Maybe if we remember we can ask that question at a future meeting.

[delderek]

[QUOTE=essexeddie;538717]I may be wrong but I believe only the past two years can be claimed back. It's all very unfair. If everyone did that the complex would fall apart.


.[/QUOTE

No not true, the complete debt can be claimed, if it was only two years the court really couldn't justify seizure of an apartment for a small debt.

[tfs1]

I know a few English ar*e holes that have become presidents of a complex, who do not speak Spanish and think they can tell "SPANISH" people what to do!!!!!!!!!!!!!

I'm sure there are many !

The recollection I describe involves a fluent spanish speaking English president and a northern European apartment owner who didn't pay his community fees etc. because amounst other things he didn't use the complexes facilities so didn't think he should pay (anything).

There are some who may also consider the president in question to be an ahhh soul at times but I guess that goes with the job.

[jack oakley]

I may be wrong but I believe only the past two years can be claimed back. It's all very unfair. If everyone did that the complex would fall apart.


.
As always with communidad law there are many interpretations that can be misleading and unless you are totally fluent in Spanish or have knowledge of Spanish law the subject is a minefield. The 2 year clause was meant to be an incentive to the community in that if the debtor was not legally pursued within 2 years of the build up of the debt then it would be deemed that the community was negligent in collecting fee's so only 2 years would be ordered by the court??. There are however numerous legal ways how to avoid paying community fee's and there are many smart arses that get away with it as they know the legal system, it is very rare a property is seized and sold and only an owner who has maybe skipped the country and left the property and / or, not contested a seizing order would lose the property. If however the debtor sold the property to an unsuspecting new buyer the NEW buyer would be only responsible for paying the last 2 years of the COMMUNITY debt, there maybe other debts to inherit but as far as the community debt is concerned only 2 years could be claimed. Regrettably this is one of the downfalls of buying in a community and before anyone does it would be prudent to make stringent enquiries as to how the community is run and administered, as there are some very astute administrators who treat communities as a 'money tree' and rip them off regally. A new buyer is always fed the story that his/her property will be snatched and sold if they fall behind but this is a frightener to make new buyer's pay on time the reality is totally different, there are some communities where a total of half a million euros has been accumulated by debtors over 10 or so years, each year at the owners meeting you will hear the same old story "our lawyers are on the case"! the following year the debt will have gone up again....and so the story goes. Think long and hard if you want to be a part of a community. Jack O.

[tfs1]

Interesting stuff Jack - thanks for the finer detail.

The apartment in my piece was owned by someone who didnt live in it as they lived in another country and visited rarely, they had a ongoing issue with making payments, taking pleasure in going against community rules and ongoing clashes with the President.

Presumably the owner didn't contest anything and the apartment was seized and sold, the new owner getting a great deal which allowed them to refurbish the apartment to a very high standard and of course the community getting the quarterly community fees.