We purchased our apartment in october 2007 we have since noticed on our bank statements that over €5000 was taken out in the first month and have been told that it was probally a debt to the community administers we were not informed about a debt on the property and have asked the agents that sold us the place for a full copy of the contract of sale but he refuses to answer how to i obtain the document regards
Dear Sir,
In the article I wrote on Community of Owners in Spain I highlight that a purchaser is liable for all community charges dating back two years as from completion:
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.
Your lawyer, if you had one acting on your behalf, should have requested a certificate of the Community of Owners stating that the property to be conveyed was clear of community charges in compliance with the Horizontal Property Law or Commonhold Act.
Whomever is the owner of the property will be held reponsible of these debts, regardless of whether you were aware of them or not.
Your can request this information from the community administrators themselves. They will confirm if the property had outstanding community fees when you bought it.
Yours faithfully,
Raymundo LarraÃ*n Nesbitt