There are still many buildings and urbanizations subject to the horizontal property regime, in which large numbers of homes, premises, parking spaces are still in the hands of the developers. This circumstance occurs much more in coastal municipalities where buildings aimed at holiday residence abound.
In any of these cases, who has to take care of the debts of the community when there are empty floors?
The promoter, responsible for the payment of the community in unsold apartments
The person responsible for the payment of the common expenses generated in a property divided into a horizontal property by the owner and, consequently, in the assumption that concerns us, it is up to the developer the obligation to face the payment of the expenses of conservation and maintenance of the services and common elements of the farm. Here are included the spills that are approved and are required until the sale of the property occurs.
It will be null and void any clause that the developer would have unilaterally included in the constitutive title or statutes of the estate, which then exempts it from the payment of common expenses. This behavior would be a privilege for the promoter and future acquirers, to the detriment of the rest of the owners, who would suffer a greater burdensome burden; a charge that they have no legal obligation to bear, in accordance with the content of the provisions of article 9.1. e) of the Horizontal Property Law. This includes the duty of every owner to contribute to the payment of general expenses for the adequate maintenance of the property, its services, charges and responsibilities that are not subject to individualization.
It is interesting to note that, based on the provisions of article 9.2 of the aforementioned legal body, the legislator clarifies that the non-use or use of a particular service does not exemplify the duty to pay the expenses according to the participatory fee.
Finally, if the promoter is not up to date with payment, a situation that usually results in a serious economic imbalance for the community, it will lead to the loss of their right to vote in a meeting. Like any other owner who incurred in arrears. This will make it easier for the rest of the owners to make the necessary agreements for a judicial claim.
New owner, responsible for community payments
It is of special interest to remember that the new owner will respond to debts with the community that correspond to the expired part of the year of the purchase and to the immediately preceding three years, extending in Catalonia to four years. For this reason, if we are interested in acquiring a property of the so-called new construction, it would be more than advisable to require the developer to contribute the corresponding debt certificate.
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