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Thread: What would happen to unpaid community fees in a property is sold at auction?

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    What would happen to unpaid community fees in a property is sold at auction?

    After the latest change in the horizontal property law in 2012, the new owner of an apartment has to pay any due community fees for the current year + 3 years back.

    However, how does that work if the apartment is sold on an auction? Is the community debt a sort of first priority that the new owner has to pay regardless of that the price did not cover all mortgages? Or is it placed after the mortgages, so that the community might loose these 3+current years?

    I assume the community would always have to get any due amounts registered at the land registry / notarys office? So they would appear on the nota simple and this way warn the potential buyer?

    Thanks.

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    Re: What would happen to unpaid community fees in a property is sold at auction?

    The last changes in the horizontal property law were in august 2013 not 2012.

    Anyway, the community cannot lose the 3 + current year debt.

    The community can lose an amount embargoed against the property. This is possible if there are more embargoes or if there is a mortgage on the property.
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    Re: What would happen to unpaid community fees in a property is sold at auction?

    Thanks René,

    English is not my native language, so I do not fully understand what you write, especially the word "embargo".

    But I assume that the 3 + current years community fee (does this period incl. any derramas?) are being treated as a special high priority that the new owner has to pay no-matter what.

    Any excess claims, for example the apartment owes 10 years in total, so 7 years excess, would that be put into the order of the mortgages at the time it arrives?

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    Re: What would happen to unpaid community fees in a property is sold at auction?

    it is most of the time a bank that takes over a propert with a large debt. they normally pay all cost correctly agreed in the meeting or mentioned in the statutes; normall fee, extra payments and surcharges. what they do not pay is water consumption from the previous owner, direct debit bank charges and possible juridical cost booked to the owner.

    The debt from before the current and previous 3 year period can still be claimed from the previous owner.
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