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Professional Advice

(Español) PREGUNTA A TU ADMINISTRADOR: GESTIÓN DE RECOBROS DE DEUDAS

What is the right way to go when owners are very late with payment of the fees.Some are more then 6 months late.One is more one year late.

How do we continue according to the law?

Jame J. 

Administrator: Juan López

Good afternoon,

Thanks for contacting us.   This is truely one of the biggest problems of the communities of owners.  The only legal way to fight against these problems is the one established in the LPH article 21 Although before going to court you must make prior claims, via phone calls, mail, burofax, etc … The community may establish an interest to delay for late payment of the fee, which can never be a abusive interest There are other means for collection such as the prohibition of the use of non-essential common elements, such as a swimming pool or sports court, to debtor owners. But this must be included in the Statutes of the community Regards Section 21 1. The obligations paragraphs 9.e) and 9.f) refer to shall be fulfilled by the unit owner in the time and form determined by the general meeting.

Otherwise, the president or the administrator, if so agreed by the general meeting, may seek judicial redress through order-for payment proceedings.

  1. Recourse to order-for-payment proceedings shall require prior certification of the general meeting’s resolution to claim assessments due to the community of property owners, issued by its secretary and endorsed by the president, providing said resolution was notified to the unit owners concerned in the form provided for in section 9.
  2. Sums arising from expenses incurred in claiming payment prior to court action may be added to the sum claimed by virtue of the provisions of the preceding subsection, provided there is documentary evidence of the previous claim and that proper receipts for said expenses are attached to the application.
  3. Where the previous unit owner must answer jointly and severally for the outstanding debt, and notwithstanding the right to claim reimbursement from the current unit owner, action may initially be brought against the former. The action may also be brought against the titleholder appearing on the Register, who shall be entitled to the aforesaid right. In all these cases, the initial claim may be filed [severally] against any of the parties to the obligation or jointly against all of them.
  4. Where the debtor opposes the initial claim provided for in the order-for-payment proceedings, the plaintiff may request a general lien of attachment on such debtor’s assets as deemed sufficient to cover the amount claimed plus interest plus costs. The judge shall decree a general lien without asking the creditor to post bond or bail. The debtor may enervate the lien by providing a bank guarantee for the amount for which the general lien was decreed.

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