- Apr 10, 2018
Hi, I have a site in a community with no access to the building. When I bought it, I was informed that I hadn´t to pay community fees. In the last meeting, they told me that the comercial sit eha snot participated for 40 years, except when the fachade was restorated, then I paid as this is reasonable. My question is if I am now obliged to pay . The community states that I shall contribute otherwise, I will have to pay retroactively for previous years
Thanks in advance. Regards
Administrator: Juan López
The law is very clear regarding your obligations in the community as an owner.
Art.9 e) To contribute with the general expenditures for the acuarte maintenance of the building, services, charges and responsibilities, accordingly to the quotes stated in the deed or specifically agreed, always that those are not individuals.
Therefor, our understanding is that you are obliged to pay:
The fee agreed in the Meeting, approved with the Budget and according with your coefficient.
- For instance, should you not have access to the building, you are not paying the maintenance costs such us cleaning, lifts, electricity, etc…
- However, it is obvious that you will pay other Budget expenditures such us Insurance, Legal Fund, or as you said, general repairs, main drain piping, pillars, fachade, terraces, etc…
With regards to the second question, if they are claiming previous years, you need to check the minutes of those years and confirm if there is a quote or not, if you were notified, or not. Accordingly with the modification of the Civil Code 2015, you could be claimed for the last 5 years, in general terms.
The 1964 article of the Civil Code reform, made by law 42/2015, 5 October, has introduced a very important modification concerning the general period of limitation of actions (monetary claims) personal, reducing it for 15 years, which is It established previously, to 5 years.
We insist, this is a general issue. Finally, the lack of access to the building is not exonerating you of contributing but always according to your quote and the items that you are obliged to participate.
Thank you. We remain at your disposal.