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Professional Advice

Pregunta al Administrador de Fincas: La comunidad me reclama derrama que desconocía

Good morning. I have a shop on the ground floor of a building from the year 2010 (year in which the building was constructed). In September of the year 2015, for maintenance of the façade, I am claimed to  share  such extra fee more payments that I supposedly have outsatnding with the community of neighbors, since I’ve done none so far since I did not know that we had a community of owners (never called me to any Board or received notification in this regard). I.e., for me it is as if that community had never existed. On this basis, I would like to know what rights and duties have with the community of neighbors.

Angelica W.

Administrator:  Juan López


Good morning.  The obligations that you have, as the owner of a building that forms part of a community, among others, to participate in the common expenses according to its coefficient of participation from the moment in which there is a horizontal division of property (whether or not been formally constituted the community). In his writings and in the statutes of the community figure that coefficient, as well as the costs involved and what not (being a local, is possible to be exempt from a series of ladder costs, for example). I.e. that you has failed to fulfil its obligations, due to ignorance.  However, it also is true that the community has an obligation to make him part of all their affairs (summoning him to meetings, send you records, inform you if you have debts…).

 So, to claim the debt is not enough, you should ask for the minutes in which those quotes were approved and the spill, as we have mentioned above within the obligations according to article 9 and this contribute, in accordance with the quota of participation set in the title or the especially established, to general expenses for the proper support of the property its services, burdens and responsibilities that are not to be individualized.  It is to say that there may be fees or levies that are not attributable to the premises of which he is owner.    And finally should notice that the law 42/2015 has established a substantial change in the limitation periods of this type of debt, going from 15 to 5 years. So you can even that some of the debts that this claim you prescribed.

My advice is to try to reach a reasonable agreement with the community to catch up to the, (utilizing the disinformation that have had plunged during this time) with clarifications of which is the debt without doubts.


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