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sunshine
11-25-2009, 12:20 PM
Hi, My friends who own a place in Spain are in arrears with their community fees by over 2 years. They had some financial trouble and family problems and have let the situation get out of control. The lady who checks their apartment has told them that they had a notice under their door from "servicio comun del partido Judicial" and it appears to say that they need to present themselves to an office next week. We are assuming that it is some sort of court action? They cannot attend as they live in the UK. What they want to know is what would happen if they didn't show up? They are very worried that their apartment or their assests within the apartment could get seized. Can anyone clarify what could happen. They are very worried and want to start repayments on an agreed plan but they can only afford a bit each month. I believe the debt is near 5000 euros. Can they start payments to avoid further action? Or do they need to repay everything at once? Can their apartment/assests be seized? Thanks in advance

Lawbird Lawyer
01-08-2010, 05:43 PM
Dear Sir or Madam,

The debt will be expected to be paid all at once, yes, plus delay interests and or penalties. Maybe even the communities' lawyer and court agent.

Yes, their assets, namely their property, can be seized and auctioned off.

Please read my article on the matter:

Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain (http://www.marbella-lawyers.com/articles/showArticle/spanish-comunidad-de-propietarios) - 26th June 2009

Yours faithfully,
Raymundo Larraín Nesbitt