UNPAID COMMUNITY FEES

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04 Apr 2011 12:00 AM by clifton66 Star rating in Casares. 5 posts Send private message

I live on an Urbanization built approximately 20 Years ago which has about 380 owners of which 140 are in default with  their Community Fees. Some owing as little as E3000,00  and  some owing in excess of  E20.000,00.What I want to know is what action the Administrator or President should be  taking  to recover  these debts .I know one way is arbitrage and the other is the Courts.I have recently Inherited a Property  and I am getting not much information out of the Comundidad Offices.How long does it take to recover these outstanding Debts in Spain once the case has gone to the Courts .What happens when you can not find the owner and the Property is standing empty for a period of years.Not much appears to be happening in recovering these outstanding monies.

 

Thank You



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David



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05 Apr 2011 8:01 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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Claiming these quotas in Court need to be decided in a Community Meeting. If there is no real possibility of the debtor paying ( unsolvency), it is better to wait for the house to be bought by a new person, this, will be obligued to pay the outstanding community fees before buying.

In the meantime, if the owners are not solvent.... there is nothind else you can do. A different story id if they are solvent people in which case you can have a Court decission being enforced against them and any of their assets

 



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Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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05 Apr 2011 8:34 AM by clifton66 Star rating in Casares. 5 posts Send private message

Hi Maria

I believe there are some cases in court already. What about the auction these properties.Is this not an option as well.How long does this process take through the courts.I hear through the Grapevine that some properties have been sold without first having recovered the outstanding Community fees.In what scenarios can this ever happen in Spain

Thank You



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David



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05 Apr 2011 10:02 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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 Yes, the auction is possible even though sometimes too much for the problem that it is trying to be solved.

It will  really depend on the amount being owed: if these are big amounts owed by a developer or a Bank, I would say that the action and posterior  auction is a good option.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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