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Professional Advice

Ask the Administrator: House with debt from previous owner

Good morning.  I have bought a site to settle my business.  The community is requesting me to pay the debt that the previous owner left, but I did not know that and now I presume that I will have to pay.  Is that right?

 Cris K.

Administrator: Agustín Pascual de Riquelme

After the modification in the Horizontal Property Law made in June 2013, the new owner is responsible of the debt that the property owes to the community corresponding to the last three years before the purchase (previously, the responsibility was for the previous year and the current one). The property is the reference so if you don´t pay, the community may take actions against your site.  For that reason, before buying a property, it is very important to require a certificate issued by the administrator confirming what the situation of the property is regardless the community fees.  Firstly, I recommend you to pay the debt and secondly to claim it to the previous owner with the relevant legal actions as he omitted important information that if you had known, your decision might have been different

Ask the Administrator: Energy meters

Good morning. Could I ask when is my community obliged to have the energy meters installed for the central heating of the community of owners in Spain? Thanks.

Javier N.

Administrator: Juan López

The obligation of the installation of the energy meters for the central heating is included in UE Directive that has been in force since2012. However, a timeline of two years was given for the countries members. It should have been adopted in 2014, but Spain has not adopted it yet. The timeline for us was 1st of January 2017. Lately, the government has produced several drafts not definitive yet. For the time being, the installation is not obligatory yet.

Ask to the Administrator: I own money to my community and I do not get the notifications

Good afternoon. I owe a house in a community of owners in Murcia where I used to live permanently, but recently, I have moved and I just use that house for my summer holidays. It´s had been a year now that I have not been receiving the Minutes and notifications from the community because they are sent to the house of the community. Now, I find out that I am in debt because I did not paid the levy for the painting, agreed by the AGM one year ago. However, it is not my fault, as I have not received the letters in my current property where I live so I have not been informed. Can I reject to pay it, if I was not aware of the agreement?

Tommy N.

Administrator: Juan López

I presume that while you lived permanently in the property in Murcia, you have been notified all decisions of the community. If you have not informed the community about your new contact details for notification, they remain the same one. Well, it is in art. 9.1.h of the Horizontal Property Law, the owners should inform the community about any change of their postal address or contact details. Based on this, not providing your change of the address, you are not in readiness to complaint as the community did correctly.

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