# Outstanding community debts



## wendyevo (Sep 16, 2014)

We bought an apartment in November last year in Pinoso Alicante region. The original developer (R Casino Levante) still owns approx a third of the block but pays no community charges and owes a substantial sum of money, meanwhile the rest of us are paying extra for repairs etc. the company that manage our community appear reticent to chase up outstanding debt or take action. What can we do?


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## mrypg9 (Apr 26, 2008)

wendyevo said:


> We bought an apartment in November last year in Pinoso Alicante region. The original developer (R Casino Levante) still owns approx a third of the block but pays no community charges and owes a substantial sum of money, meanwhile the rest of us are paying extra for repairs etc. the company that manage our community appear reticent to chase up outstanding debt or take action. What can we do?


We spent five months living in a piso where over half of the units were unsold. The community budget was in deficit, from defaulting apartment owners and the lack of income from empty units . Shortly after we left the electricity supply to the community was cut off as bills hadn't been paid. Swimming pool shut down, lifts to basement not working, no lights on stairwells, corridors or gardens, no communal satellite tv,. basement garage doors wide open.
When I went back to pick up post a woman resident was distraught. She had sold her UK property to buy her apartment and was concerned about the future.
I sometimes pass that community on my way to places and note that the lights are on. So I can only presume that a deal of some sort was struck.
From what I have heard chasing debt or taking any court action can take years, literally. An acquaintance who took out a denuncia against a car sales business has been waiting over a year for a court date.
You obviously need legal advice.


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## Horlics (Sep 27, 2011)

You do need legal advice, as has been said. I would add that I don't think your target isn't going to be the company that manages the community. Where I live, I pay money into an account that's owned by the community, from which the management company is paid. The management company has no responsibility to chase any residents for money, that's the job of the president and the treasurer/committee (depends how your community is made up). 

In your position I would first find out what the current president has done to chase the developer (or anybody else who hasn't paid). How long has the situation been going on? What approaches have been made? Has legal advice been sought? If not, you need to get rid of the current president and get one who can move things along.


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## Pesky Wesky (May 10, 2009)

In our community it's not the president who is responsible for chasing up debts. After all the president of the "comunidad" is just a neighbour and could be me. There's no way I'm going to be chasing up my fellow neighbours and I wouldn't have any legal backing to do so.
You have to follow a leagal procedure outlined here.
Morosidad en la comunidad de propietarios - OCU
There are 2 pages to the document, the first is very useful too if you're buying into a "comunidad"


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## Horlics (Sep 27, 2011)

But isn't it the president or one of the committee (if there is one) who instigates the following of the legal procedure? I'm interested because I have a friend in the same position.


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## emlyn (Oct 26, 2012)

I am interested to learn more about these communities ,an example of a constitution would be good,what is their legal standing , how are they set up etc.


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## Pesky Wesky (May 10, 2009)

Horlics said:


> But isn't it the president or one of the committee (if there is one) who instigates the following of the legal procedure? I'm interested because I have a friend in the same position.


I thought it was the administrator. The president probably does have to do something like sign. However, I'm seeing that there is a difference between for example comunidad de propietarios and comunidades de vecinos...


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## Horlics (Sep 27, 2011)

I'm really not sure. I know that we have two non-payers at the moment and the matter was raised at the last meeting. The president had been in touch with them to discuss and had obtained assurances that the money was going to be paid. Maybe it's just that our president is willing to do some chasing that he actually doesn't need to do.

We seem to be lucky in that we have a pro-active president, but on the other hand there are whispers that he's a little close to some of the companies doing work here. The usual thing!

Our administrator works for the company that's been contracted to manage the building, but he made it clear to me in a conversation that the money is entirely separate.

In summary, it's all a bit unclear to me.


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## Dunpleecin (Dec 20, 2012)

It should be down to the Administrators to chase the debt. It's a lot easier when it's one resident who's behind than it is for a whole group owned by the same people who built the things.

Certainly get onto the administrators if it's an outside firm to see what they are doing about it. The AGM should also suggest an action plan. Legal advice would appear to be a must here.


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