Debtor Sanctions

We are going through the process of taking Community Charge Debtors to court.

Clearly the debtors are paying their Electricity and Water Bills as they would have been cut off by the providers by now.

It is annoying that they enjoy all the facilities i.e pools gardens, cable tv, site cleaning, painting of their block etc.

Are there any sanctions that we as a Community can apply (legally) to make life more uncomfortable for them?

Hi,

financial penalties are not possible unless they are included in the community by-laws "(estatutos)", therefore at this stage the only thing you can claim are court expenses and interests on the amounts owed.

However, you should deal with the community president in order to include a point in the next general meeting (or perhaps to arrange an extraodinary meeting) and change the by-laws so that the debtors receive a financial penalty for late payment. You should be aware that such agreement needs unanimity of all the assistants to the meeting and also that the non assistants with right to vote (which excludes debtors) do not vote against wthin 30 days after receiving the notification of the meeting act by the post.

Yours sincerely,

Fairway Lawyers

Along with the court expenses

Thanks Fairway

Your suggested penalty has already been actioned.

Do you know if it is possible to suspend any of the Community facilities used by the debtors, without affecting our court actions?