Liability for Community Fees

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25 Feb 2010 12:00 AM by sp1946 Star rating in Playa Flamenca, Orih.... 28 posts Send private message

What Community  fees is the  purchaser of  a resale property liable for in the first year.ie If annual fees are due on the 28th February  & the property is purchased  after that date  then is the former owner liable to pay the full annual amount or is there a pro-rata calculation.





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25 Feb 2010 5:45 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

Roberto´s avatar

I don't think there is a legal precedent for this (could be wrong?) so it is probably something for the buyer and seller to agree upon and, if necessary, include in the details of any private contract. Pro-rata would seem the fairest and most sensible way to deal with it. I think it is more common for community fees to be paid quarterly, or even monthly, so it usually isn't much of an issue anyway.

The rates (IBI) on the other hand are a different matter - whoever owns the property on the 1st January is liable for that years charges, even though the bill isn't usually issued by the town hall until much later in the year, which causes no end of problems and frequently means the buyer ends up with the bill.



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26 Feb 2010 9:07 AM by spanishsolicitor Star rating in Murcia. 140 posts Send private message

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One is liable for community fees until the ownership of his or her property is transferred. The administrator should divide fees pro-rata between the former and the new owner on the basis    of the date of sale, regardless of which method of payment had been established, quarterly, monthly or whatever .
 
 
Be careful, as   section 9 (e) of the HPA  stipulates that any person acquiring a house or premises with commonhold land, even when the title is entered in the Land Registry, shall be liable, with the acquired property as guarantee of any outstanding amounts payable owed by previous owners. This liability includes general expenses up to the limit of the fees assessed for the period to date of the year when the transfer of ownership took place and for the immediately precedent year. The flat or premises shall be legally encumbered for the fulfilment of this obligation.
 


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02 Mar 2010 4:57 PM by sp1946 Star rating in Playa Flamenca, Orih.... 28 posts Send private message

Thanks to both of you for your replies





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