One of the advantages of having a property administrator is that this type of management, which can cause tension, is carried out by a third party and allows the coexistence not to be damaged.
There are different steps to follow to manage these types of incidents, we always recommend that the property administrator contacts the neighbour if possible to see the reason for the non-payment.
Make sure that it is something specific that can be solved, an oversight or if on the contrary, it is the beginning of a trend that may result in a future problem.
- It is critical that each owner’s debts are reflected at the owners’ meetings, on the agenda and in the minutes. Remember that a debt of this type means that the delinquent owner has no voting rights. At the same meeting, the administrator can be instructed to take all the necessary steps to achieve collection, authorising him/her to incur expenses such as lawyers or solicitors if necessary. Without this step, a legal claim will not succeed.
- In order for the claim for unpaid community fees to be valid, it is essential to be able to prove that the debtor has been notified. From a burofax to a certified email, there are different options with variable costs.
- Filing a lawsuit to claim the amount will always be the last resort, even when the debtor does not oppose the process to seize and collect is not usually agile.
The Horizontal Property Act makes a number of modifications to the order for payment procedure as it is regulated in the Civil Procedure Act.
Documentation required for a lawsuit to reclaim a debt from a defaulting neighbour
- Certificate of the resolution of the Meeting approving the settlement of the debt.
- Reliable notification to the debtor.
- If there has been any proof of the expenses incurred in the previous steps to achieve payment.
This process can be more or less lengthy depending on the workload of the judicial system, which is currently collapsed, once a ruling is made in favour of the community, the easiest would be to make a seizure.
That is why it is important not to let debts accumulate, which can later force the rest of the owners to have to make payments to cover regular expenses.
Do you have debt problems with your neighbours or tenants? We can help you.