Land registry

Hi, I own an apartment on a master community made up of Villa, townhouse and apartment communities.
According to our statutes we are all responsible for the maintanence of the resort, all owners are required to pay into a fund as per cuota so there would be enough money to pay for the painting of all the resort properties.
In order to ensure all owners pay into the fund there is a clause in the statutes that states any owner who refuses to pay could be fined a penalty of €1,000 per day from the act of breach untill complete restitution in favour of the community and payable by the owner in breach.
Our villa owning community have always been against a fund being collected for the painting of the resort, for this reason our presidents/commitees (all villa owners) have never started the collection in the hope they could find a way around our statutes.
Our statutes have been in force for more than seven years yet we have been told that the land registry has only now rejected the clause with regard to the €1000 fine.
Is it likely that the land registry would have rejected this clause?

Hello Blackjack,

It is absolutely normal and legal that a penalty is applied to those owners that do not pay the funds that have been approved by the CO statutes. However, that the penalty has been set in 1,000 Euros per day seems quite disproportionate and abusive and can certainly be a reason for the Land Registry to reject it.

Regards,

Hi Patricia, thanks for replying.

I have no idea as to the powers of the land registry, would they not have had it in their power to reduce the fine to a more acceptable level as apposed to rejecting the clause outright as without a penalty we have no way of enforcing payement.

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