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15 Jan 2012 9:04 PM:

Ads - I believe the Spanish and Danish governments did not sign upto the EU legislation which allows Kettlewell or the likes to go after the debts.

DaiO - At your AGM you have to vote to take the debtors to Court. The Administrator then lodges the appropriate paperwork to the courts. This has to be done each year for the previous years debt as far as I know. All costs to do this are added on to the owners debt - i dont actually know how much this costs as our community aren't charged for this. We also add a percentage onto the unpaid fees, think it is 15%, for late payment.

Communication is the key. Speak to the owner if you can and explain the difficulties it causes and try to get upto date contact details for all owners - email addresses as well if your administrator is not posting agendas abroad.

Legally you can display the AGM minutes on your complex, which include the properties with debts. This is the nearest you can get to naming and shaming and this is where locked display cabinets come in handy.

Make sure that there is a zero tolerance approach by your committee to debtors and that this is communicated to all owners via the AGM minutes and that you will use debt collectors such as Kettlewell if necessary and that all costs will be charged to the debtor.

You can install electronic access to the pool and not give debtors a card but tell them they must go to the administrators for a card. Then the administrators get to speak to the debtor direct and hopefully get them to pay by bank card there and then. I would think this would get good results when they have rented apartment out the renters have no pool access.

There will always be someone who doesn't pay though but you could embargoe and force the sale of the apartment. We've never gone that far -YET. It is a constant battle but give them an inch and they'll take mile.



Thread: Community charges - who pays the short fall

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09 Jan 2012 9:57 AM:

We had an owner who never paid a penny of community fees. The administrators annually logged the curent years debt with the spanish courts as agreed at each AGM. Eventually the property was repossessed by the bank. We didn't get paid the full amount of the debt as there was a mortgage on the property. Our administrators kept telling us we would get the full amount back but we didn't. So we have a debt of 2500 which will never be repaid unless we can track the individual down, which we can't. If there is a mortgage on the property and there is negative equity the mortgage debt gets priority over the community debt. However in saying all this our administrators now say 'the law has changed' and now the community can apply to the courts for something that gives the community priority over the mortgage. Anyway I am just telling you all this so others can make sure their administrators get that documentation to make the community debt top priority!

We have used Steve Kettlewell with some success.

Thread: Community charges - who pays the short fall

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21 May 2011 6:51 PM:

 Yes I will ask next time I see her but we are in the UK and I just thought someone on here might know. 



Thread: long term debtors

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21 May 2011 10:21 AM:

 Every year we vote at our AGM to take action against the community debtors.  The Administrators start legal proceedings for that year.

We don't get to see any money though and next year the debt has increased.

 In one case the property is being repossessed and from what I understand we will only get 2 years community fees back.

I just don't understand the process at all.  It seems ineffective to me.  Can anyone explain to me what happens in the legal process?

 



Thread: long term debtors

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20 May 2011 7:23 PM:

Is there any reason why communities can't increase the community fees, say by 100%, but then give a discount of 100% to all those who pay on time.  Thus punishing those who don't pay and rewarding those who do ?



Thread: Community charges - who pays the short fall

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