03 May 2010 12:42 PM:
Dear Sir/Madam,
It is my pleasure to respond to your queries,
1. Once the Community of Owners has been formally created, each dwelling will contribute to the payment of the communal expenses according to their corresponding percentage. In principle, the developer is responsible of paying the community fees until the date of the signature of the Public Purchase Deeds of each dwelling, and it is at that moment whwn the new owner will become responsible of these payments. The license of first Ocuppancy makes possible the issuing of the water and electricity contracts, therefore the normal thing is for the community to be constituted after the License is granted.
2. The property will always be responsible of the charges and taxes which may appear in the Land Registry. The debts trasferred with the property are those held with the Town Hall (IBI and Garbage Collection Tax) and the debts due to unpaid community fees. The developer has the legal obligation to hand over to the purchaser a debt certificate issued by the Community of Owners, unless the purchaser exemps him of this obligation. Regarding the IBI and Garbage Collection Tax debts, the usual is for the Town Hall to take a couple of years, or maybe more, in issuing the first bills reffered to the periods prior to the signature of the Deeds. However the buyer can agree with the developer the retention of a certain amount to ensure that the bills which will not prescribe are paid.
3. My recomendation is that you try to reach an agreement with the solicitor. If this would not be possible , you can file a complaint to the Bar where your solicitor is registered as member. Also, you can set up a litigation claim via the civil courts.
Luis Carbajo.
Thread:
Legal Informtion
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