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Unregistered
04-11-2009, 03:12 PM
Hello,

I live on a Golf Resort, where a large number of owners will simply NOT pay their Community Fees, despite numerous telephone calls, letters and emails - all of which are simply ignored.

These 'parasites' are a drain on resources and the Community who DO pay their Community Fees.

The simple question is; Is there a legal process in Spain whereby individuals can be made brankrupt?

Thank you.

Lawbird Lawyer
04-13-2009, 10:12 AM
Dear Sir/Madam,

Yes there is after a new law was passed in 2003.

However it's voluntary and it's fairly expensive to follow, which explains why less than 300 people have applied for it in Spain.

Regarding your query, I believe you are focusing the problem mistakenly.

When a communer stops contributing to his community fees the Community of Owners is empowered to place acharge against his property and if he continues not to contribute, the property can be sold off at a public auction.

This is how Communites of Owners in Spain mount pressure on non-paying communers and it's the best way to recover the shortfall in community fees.