65. Can I pay my Community fees by Bank transference?
The way of payment is determined by the Community of owners. If you want to propose a change on it, you can ask the President for that point to be discussed in the next general meeting.
66. A lawsuit against owners in default is in Courts without that being decided by the Community. Can we challenge it?
Yes, of course you can, if you are one of the defaulters, as you will have to answer the lawsuit, you can expose it in the plea. If not, I would just encourage you to contact any of the defaulters for him to argue this as a response to the claim.
The use of that proceeding needs:
- Previous certification of the agreement by the Meeting of Owners.
- Approval of the liquidation of the debt with the Community of owners by the Secretary
- Approval of the President
- Correct notification to affected owners.
67. Do we need a Lawyer or a Procurator for these?
No, you do not. But it is advisable.
68. How is the whole procedure? Can the apartment be seized for the payment of the debts?
1. The lawsuit is presented and registered in a Court and the Judge requires the defendant to either pay to the Community, in a period of 20 days time, by depositing it in Courts, or to appear in Court and argue their positions, by an opposition writing, stating the reasons for not paying the whole or part of the required amounts.
2. If the defendant does not appear in Courts or he does not oppose the lawsuit, the Judge will order the execution of all his goods with the possibility of being seized and sold by public auction for the recovery of the debt, plus interests, judicial expenses and notary expenses involved.
3. Even though the defendant owner presented an opposition writing against the Community’s lawsuit, the Owners can ask for a preventive seize of goods which is estimated as enough to cover the claimed amounts, plus interests and costs.
4. Once the judicial proceeding is over, the Judge will impose the costs to the party whose allegations have been totally rejected.
5. The condemnation to pay costs will contain the lawyer’s fees and Procurator of Tribunal’s fees of the lawyer and procurator of the winner part.