Calling all communities of owners! Owing money to the community
Non-payment of community fees is a situation that occurs quite frequently, especially in large communities or those that require significant maintenance expenses. This problem doesn't just affect the community itself, but also the other owners. The community must continue to cover expenses such as maintenance, repairs, insurance, utilities, and common services, even though some owners aren't paying their share.
Furthermore, if action is not taken quickly, the defaults can accumulate and create an increasingly complicated situation for the community.
What can the community do?
When there are outstanding amounts, the first thing we recommend is to try to resolve the problem through an out-of-court settlement.
There are different options for this.
One of them is sending a burofax, through which the debt is formally demanded from the owner and the possibility of proceeding with the payment before initiating legal action.
It is also possible to resort to mediation, especially when there is a willingness to engage in dialogue or when it is in their interest to reach an agreement that allows the owner to deal with the debt in a way that is manageable for both parties.
Mediation can be especially useful in cases where debt has accumulated over a prolonged period or when there is some kind of disagreement between the owner and the community.
What if the owner still doesn't pay?
If no agreement is reached after the request or the attempt at negotiation, the community may initiate legal action to recover the outstanding amounts.
Acting quickly is also important to prevent the outstanding amount from continuing to increase and the problem from financially affecting the other owners.
How can we help you?
At My Lawyer in Spain we can support the community throughout the entire process. We can handle the debt analysis, send the burofax, negotiate with the debtor owner or, when appropriate, mediate to try to reach an agreement.
If it is not possible to resolve the conflict out of court, we can also proceed with the corresponding legal claim for the amounts owed.
Each situation is different, so analyzing the case from the beginning allows you to choose the most appropriate path.
