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Foro Seguro Comunidad

Ask to the Administrator: Her son refuses to pay the debt

Hello. After a long illness, one of our neighbours passed away not being able to pay the community fees. Due to the circumstances, the community hasn´t made pressure on her in order to recover the debt. Now, there is a list of unpaid bills and the son refuses to pay them. How shall we proceed?

Gabriela P.

Administrator: Juan López

Notice, that after the decease, the inheritors are obliged to sort the debts unless that they refuse to accept the premises. So, providing that the son is the unique inheritor and he accepted the ownership, he must pay, and either he likes it or not. I recommend you to get advice from a solicitor, who can find out which is the wording of the will and if there are other inheritors. Anyway, the sentence will be favourable for the community since the property is the guarantee of the debt. Definitely, it is worthy to initiate any procedure for the recovery

Pregunta al Administrador: SEGURO DE HOGAR Y COMUNIDADES

Good afternoon.  I am writing on behalf of a community of owners; we are 6 neighbours, we have home insurance each one of us. They have told me that these private insurance would cover the proportion of common areas, according to the percentage belonging to each neighbor. I’d like to confirm whether this is really true.

Jaspen I.

Administrator: Juan L.

Good afternoon, the private policies that each one opf you got for your house, would cover your house, but not community áreas.

 

In your case, you need a community insurance that will cover the general areas of the continent (for example, main piping that may cause damage to the continent every neighbor) is required. Only in cases of claims of public responsability of the community, and in the absence of a common policy covering it, the policy each neighbor, on the guarantee of public liability would respond proportionately on the basis of its share of community participation.

 

Pregunta al Administrador: Descuadre de cuentas durante la anterior presidencia

Good afternoon. I am currently the President of a community, that after analyzing all the documentation, I have observed that, in relating to the accounts, the previous President had stolen 2300.-€ in funds available to the community. I’d like to know that I can do so that it returns the money, trying by all means to make the situation less burdensome and violent for both parties.

 

Felipe Andrés M.

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Administrator:  Juan L.

 

The first thing we recommend is that you for sure v. this statement. Once verified the situation, you will have to convene an extraordinary meeting, following the appropriate procedural steps, collecting in the announcement that one of the points of the agenda to deal will be “The crookedness of the accounts of the community during the previous Presidency,” as well as the study of possible measures to take, since you must bring on board all documentation that you have in order to prove the production of the mentioned facts all this in order to agree on possible actions that you can perform.

On this kind of issue it is that if the previous President does not assume facts, will be judicially the only way possible to try to recover the stolen money. One option would be to reach an agreement under which the former President undertakes to pay the amount due within a certain period (even divided the same) and, in the event that it fails as agreed, put the matter in the hands of a lawyer to defend the community and initiate judicial proceedings.

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