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It's nice to know that accrued costs (and presumably interest?) are taken into account. But I suppose some rogue 'investors' , as referred to by tinto, who have inflated bank valuations and hence 100+% mortgages will not have any Spanish assets and will get away with it.
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Hi, we have several owners who have never paid a penny in Community fees. They are in the process of cort proceedings. This action takes a very long time in Spain as the judicial system here gives the debtor EVERY chance to make recompence........far longer than would occur in England. Having said that, the end when it comes is swift. In our own case, we have a final hearing date and the cases will ( as stated by the judge ) be heard in the debtors absence ( some have not turned up to court previously thinking to delay proceedings ) and sentenced accordingly. There is no excuse here for non payment of Community fees, especially when the chance to make recompense has been given over a considerable period.
During the waiting period, the courts have traced assetts ( in Spain ) of the debtor and the end result would be an embargo on their goods, which includes their apartment, which will then be sold to repay the debts and accrued costs, which will be considerable.
If only these people had thought about this from the start..............we all know we have to pay Community fees, it is a way of life in Spain, and at least one of our debtors is Spanish so there is no excuse!!
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 ' Do unto others as you would be done by'
Now a non-smoker ! 
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Our community which still has some unsold property is run by solicitors at the moment who called an EGM last week to get authority to sue owners who are overdue with their charges. Looking at the list it seems that the people overdue are ones that bought as an investment as some have two lot of charges in their name.
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Bluefox,
What are you hoping to achieve at court? An order for the owners to pay up? Do you think they could forfeit their properties if you are granted an order and they still don't pay? (we hear stories like this with non payment of taxes etc) .
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OOOOOOPS  Karen  .......... I was so engrossed with reading whole thread which had been resurrected. Missed seeing that as we were in Spain in June.
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Morerosado, I posted that back in early June !!!
_______________________
' Do unto others as you would be done by'
Now a non-smoker !
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"Put a post re. this subject on General chat as that was the one I read first !!"
God Karen, please don't encourage those who do post in correct threads to post in General Chat.  I'm forever trying to help with redirections & links to correct boards where the posts won't get lost, like they do in General Chat.
Thanks to Ian for posting in Running a Community
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we have the very same problem in our complex in fuerteventura, but in our case the complex was an ex holiday complex, and the owner's decided to sell off the unit's , like yours we are three year's old, but the origanal owner's still have a number of unit's unsold, and hav'nt paid a single cent community, even tho' at time's they have been rented out, with them and numerous buyer's who hav'nt paid either, our outstanding deb t's amount to almost €170,000, with the complex being about fifteen year's old we have been in the process of giving it a big face lift, seem's we are just about keeping our head's above water, but for only these lowlives who decide to skip the community fee's, you can emagine how far our complex would be, thought's of cutting water and or elecs.... also crossed our mind's, but for spanish law.......... ! their cases are in the hand's of a lawyer and apparently going to be heard in the court's sometime this month, so we'll have to keep all our finger's and maybe our toe's crossed and wait for the outcome. you were saying more than a year down the line and nothing solved? hope thing's go a little quicker in fuerte. we will live in hope. bluefox.
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Put a post re. this subject on General chat as that was the one I read first !!
_______________________
' Do unto others as you would be done by'
Now a non-smoker !
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As a community of 3 years we now have a bad debt situation totalling just under 50K euros'. this is made up of some late payers who we know will cough up, but we do have 8 residents out of 60 who owe a full year still and 3 who it appears have never made a payment.
we are charging interst on these sums and hopefully in time we will get the money back if the apartment is sold, however legal action appears to be a waste of time with numerouse communities relatuing stories of years and years of time and expenditure to win and then still not get the money.
We suggested at our last AGM that the water to these apartments that the community pay for as a combined bill be turned off making the apartment inhabitable. our administrators mumbled something about this being illegal and that they would have to look into it, 12 months on we are still no further and the debt has increased.
Has anyone else experienced such direct action to resolve the matter and did it work, are there any other neat tricks the community can do to get these parasites to pay up??
intersted to hear any comments and success stories.
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Ian Cook - Golf Gardens Miraflores - The best place to live on the Costa del Sol
"A day without sunshine is like.................night"
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