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Professional Advice

Pregunta al Administrador de Fincas: Todos los propietarios demandados porque unos pocos no han pagado

 Good morning. A contractor carried out works in the community in which I live, because of the damage caused by a fault and that community insurance not covered. The value of such works amounted to 30,000.-€, and each one of the owners must pay 6,000.-€ (we are 5 in total). The problem is that three of them have not paid so and now the contractor claimed his debt (18.000.-€) to all teh owners of the community through the courts. Is this possible?.

Fran G.

Administrador.  Juan López

Good morning. The contractor is entitled to all claim the money that is due him, since he was hired by the community work and complied with the agreement. For cases thus, the Horizontal property law article 22 States that “the community of owners be liable for debts to third parties with all funds and credits in his favor. “Secondarily, and prior order for payment to the respective owner, the creditor may be directed to each owner would have been in the process for the fee that corresponds in the unsatisfied amount.”

I.e., that the creditor can act against all owners (have paid or not), claiming each part corresponding outstanding debt, according to its coefficient of participation

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