View Full Version : Paying previous owner's community fees

kevin nicklin
06-23-2009, 10:26 PM
hi we brought an apartment in oct 2007 and sent the agent the amount he asked for we have just noticed we paid community charges of €4,571 we now have been told that we may have paid the previous owners arrears is this normal in spain

Lawbird Lawyer
06-25-2009, 01:23 PM
Dear Sir,

Under Spain's Commonhold Act, you are liable on buying property, for all the community fees of the year the transfer takes place as well as those of the year prior to it (in other words dating back 2 years).

Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain (http://www.marbella-lawyers.com/articles/showArticle/spanish-comunidad-de-propietarios)

Raymundo Larraín Nesbitt - Lawbird Legal Services
26th of June 2009


Owners’ Duties

On buying a resale in a community, the new owner will be held liable for the prior owner’s communities’ debts for the current year of transfer of ownership as well as the natural year immediately precedent (art 9 e). The property itself will be burdened with a lien for unpaid communal debts.

Which is why under law, the signing of the deed of transfer of ownership requires a Communities’ certificate stating that communal fees are up-to-date for that unit, signed by the communities’ administrator. The purchaser can however waive this requirement voluntarily.