Recovery of unpaid Community Fees on Spanish property

[Alan]

Is there a time limit for recovery of unpaid Community Fees from Debtors? I am vice president of a community operating under the Horizontal Property Law and as stipulated in our Statutes we are pursuing unpaid fees through the courts. However an owner has suggested that we can only recover fees for up to two years and if not recovered they would have to be written off. I should be grateful for clarification as I believe that if fees are not recovered within this timescale we could still register a charge against the property.

[Lawbird Lawyer]

Is there a time limit for recovery of unpaid Community Fees from Debtors? I am vice president of a community operating under the Horizontal Property Law and as stipulated in our Statutes we are pursuing unpaid fees through the courts. However an owner has suggested that we can only recover fees for up to two years and if not recovered they would have to be written off. I should be grateful for clarification as I believe that if fees are not recovered within this timescale we could still register a charge against the property.

Dear Sir,


Art 9. e Commonhold law. Click on the blue link for the law in English.

2 years.

You can read my article on the matter:

Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain - 26th June 2009

Yours faithfully,
Raymundo LarraÃ*n Nesbitt

[Unregistered]

The 2 year rule only applies to the debt which may be passed on to a new owner. The original owner remains responsible for the remainder of the debt, or for the whole of the debt if the property is not sold.