# Failure to pay community fees



## Hombre (Sep 10, 2009)

What are the legal repercussions for not paying community fees ? For example, in a community of 6 apartments, 5 apts pay every year but one apt does not pay for 3 years.
Is it the responsibility of the residents to *ask* the Administrator to take action , or is it up to the Administrator to automatically take action, and what would that action be ? Would it be a court order for example ?
Also, if the 2 ground floor apts annually decorate their outside walls and the 4 apts above do not, (creating an unsightly appearance ) what action can the 2 ground floor apts take (if any) ?
I feel a Tallulah coming on.


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## Pesky Wesky (May 10, 2009)

Hi there Hombre.
I don't think this is a Tallulah thing because as far as I can make out, she's not part of a comunidad, she's an out on her own - er.
As for answering your question...
I would imagine that the procedure is all in triplicate, signed and stamped by the correct authority 12 times over. You know what Spain is like for paperwork. When we had a problem with morosos as they are called, iirc the comunidad decided how long to let people owe for, or the amount and then it was up to the administrator to get the money, but I've just read somthing on another forum that says it's up to the president... Sorry, not much help.
The only real piece of advice I can give you is to get in touch with your local OMIC (Organización Municipal de Consumidores) and see if they can help you. It's a bit like the Citizens Advice Bureau.


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## Hombre (Sep 10, 2009)

Pesky Wesky said:


> Hi there Hombre.
> I don't think this is a Tallulah thing because as far as I can make out, she's not part of a comunidad, she's an out on her own - er.
> As for answering your question...
> I would imagine that the procedure is all in triplicate, signed and stamped by the correct authority 12 times over. You know what Spain is like for paperwork. When we had a problem with morosos as they are called, iirc the comunidad decided how long to let people owe for, or the amount and then it was up to the administrator to get the money, but I've just read somthing on another forum that says it's up to the president... Sorry, not much help.
> The only real piece of advice I can give you is to get in touch with your local OMIC (Organización Municipal de Consumidores) and see if they can help you. It's a bit like the Citizens Advice Bureau.


Thanks PW..I think you do Tallulah an injustice..but there you are. Suffice to say that we have received advice which is very enlightening and worth pursuing.


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## Pesky Wesky (May 10, 2009)

Hombre said:


> Thanks PW..I think you do Tallulah an injustice..but there you are. Suffice to say that we have received advice which is very enlightening and worth pursuing.


I don't mean to do her an injustice, but there must be limits to her knowledge - surely!!


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## Pesky Wesky (May 10, 2009)

Look what I just found Hombre!!

*Every owner must pay their community fees on the date established by the members at the **Annual General Meeting**. Fees may be paid on a monthly, quarterly or on annual basis. *
*If any of the members fail to pay the community fees, the **President** or the **Administrator** may claim the debt, previous authorisation of the community members, in the **Court of First Instance** from the city where the block of flats is located, and even have the property sold at auction to recover unpaid charges.*
*In this case is strongly recommended the assistance of a **Spanish Lawyer*. 

This info comes from the following page

The community of property owners | Legal guide provided by English-speaking Spanish lawyers with iAbogado, Spain

Didn't she do well???!!!


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## nigele2 (Dec 25, 2009)

Pesky Wesky (kid did good~)

My experience fully backs up what you have posted although of course everything takes much longer than you imagine. We are in a block of 12 and we had one non payer. Eventually the threat of action and some neighbourly pressure did the trick.

The older person involved claimed poiverty but a few investigations revelled that they were better off than most. What would we have done if that had not been the case I do not know. I wouldn't want to make someone homeless for 30Es a month but everyone has problems.

Glad to say our block is 6 x 2 and each 2 years ineffect the two flats together team up as president - a problem shared and all that. During our 2 years the roof was replaced, the TV arial renewed although only 3 flats use the facility, the lift refurbished (we are on the ground floor and so didn't pay a share of that one), and drainage work done which largely benefitted the ground floor but everyone paid. A lot of abnormal expense in the two years. Dispite being absent for a lot of time our neighbour Victor, cool, calm, businesslike, persuasive, great negotiator .... did a great job. Seems sad that he cannot be paid a small retainer and do it full time. That said he has left the decks cleared and no out of the ordinary expenses are forseen for quite a while. I can imagine that if your president is weak then things could get very difficult 

On the decoration I'm glad to say our ayuntamiento would be on it like a ton of bricks. 

Well hombre (or whoever has the problem) I hope your problems get resolved amicably cause I guess money recovery is not the only problem but living together in the future.


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