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There are a number of owners and the developer who have not paid their full community fees for this our 1st year has a community.
My questiona are at what stage should legal procedings begin against these owners / developer to have the fees paid?
Is there a need for the community to take a vote on wether legal procedings should be taken oe not? Should the community Administrator / President be already trying to recoup these fees?
Dear Sir or Madam,
Normally legal action should be taken on the third month of them being in arrears.
It would be the Community's President for and on behalf of the C.O. who would have to arrange taking them to court, yes.
There's a special procedure for Communities of Owners.
You can read further in my article:
Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain - 26th June 2009
Yours faithfully,
Raymundo LarraÃ*n Nesbitt
Thank you for your quick response, could you clarify please are the owners required to have this legal procedure included in the community bylaws / statutes?
Would this legal procedure require voting in at the community AGM or EGM?
You're welcome.
The legal procedure needs not be included in the Communities' Bylaws.
It's a special procedure tailored for Communities of Owners.
What your President has to do is contact a litigation law firm and request quotes on the legal service. Then all paying owners will have to contribute your share as per your quotas towards hiring this law firm.
Yours faithfully,
If community fees are invoiced in two parts for the year, can legal action be taken to recover the outstanding fees for the 1st invoice before the year ends with the non payers being 3 mths in arrears or does the community have to wait until the end of the year and the 3 mth period before legal action can begin?
Dear Sir or Madam,
There´s no need to wait until the end of the year unless the Communities By-Laws state otherwise.
Yours faithfully,
Raymundo LarraÃ*n Nesbitt
Could you please advise , if there are owners who have not paid their community fees before a General community AGM,will the Presidents of these Sub-communities have a reduced co-efficiency for their vote at the General Community AGM or does the co-efficient stay the same.
Dear Sir,
The coefficient remains the same.
The only thing that chages is that they cannot vote at owner's assemblies (whether EGM's or AGM's).
Yours faithfully,
Raymundo LarraÃ*n Nesbitt