2008 Community fees, I didn't buy until 2009!

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30 Nov 2010 00:00 by Adrian1 Star rating in I Iive in Derby and .... 47 forum posts Send private message

Hi

I've just had 45.51 euros taken from my bank account for Oct, Nov and Dec 2008 community fees, but I didn't buy our apartment until Sept 2009!

I've challenged ML on this and was sent the following passage which basically indicates that I am liable for the charge and it looks like I'm also expected to pay for the Jan to Aug 2009.

I never signed up to this and it can't be right that I'm paying charges for a period when I didn't even own the property.

Looks like I'm being made to pay for someone else's tardiness in not collecting the fees originally

Has anybody else experienced this?

I'd like this raised at the next meeting with ML are the Presidents prepared to raise this?

Thanks

 

We request the payment to the actual owner of the property as according to the law, the owner of a property can be claim for a debt in the property even of the previous exercise before the completion. I send you the article of the property law.
 
 e) to contribute, according to the assessment quota set forth in the master deed or to what may have been specially established, to the overall expenses for the appropriate maintenance of the building, its services, charges and any responsibilities that cannot be allocated individually.
Amounts payable to the community arising from the obligation to contribute towards the maintenance and general expenses of the building corresponding to the fees assessed for the period to date of the current year and for the previous year shall be deemed preferential for the purposes of section 1923 of the Civil Code, and they come, as regards settlement, before those stated in subsections (3), (4) and (5) of said section, subject to the guarantees in favour of salaries and wages established in the Estatuto de los Trabajadores [Workers’ Statute].
Any person acquiring a unit in horizontal property ownership, even where the title was entered in the Land Registry, shall be liable for, and the unit acquired attached to payment of any outstanding amounts payable to the community for general expenses by the previous owners 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 natural year immediately precedent. The unit shall be legally burdened with fulfilment of this obligation, and the rules on precedence of debts stated above shall be equally applicable in this case.



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30 Nov 2010 23:12 by Sonatigh Star rating in Condado de Alhama Re.... 621 forum posts Send private message

Who did you purchase the Property From?



_______________________

Mick

I got too old soon, and too late smart ! 

 

 



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30 Nov 2010 23:21 by Adrian1 Star rating in I Iive in Derby and .... 47 forum posts Send private message

Hi Mick

I bought through PW as the estate agent but the property was originally owned by another UK guy, however I can't really see the relevance of that.

The conveyance was performed by solitors and title was passed to me on 17th Sept. 2009, all of which I can evidence with the deeds.

Regards

Adrian 




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30 Nov 2010 23:45 by ptan Star rating in Los Naranjos Jardine.... 1696 forum posts Send private message

ptan´s avatar

 Adrian,

The law states that when a property is transferred the seller must provide a certificate stating that either the property is debt free or the amount of the outstanding debt.  This should then be written in to the deeds.  The only way out of this is for the buyer to sign a waver foregoing this requirement.   ( I can post the paragraph from the HPA if you need )

So, you should check your deeds and with our lawyers.

Unfortunately Mileniun are acting within the law, as the new owner should of been made aware of any outstanding debt at the time of purchase, so the problem lies not with them but either the lawyer or the Notary if it's not in your deeds.

 

Phil



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Phil

Email: phil@naranjosuno.com

Web: www.naranjosuno.com

 

 

 



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01 Dec 2010 00:08 by SMV Star rating in I'm in Dublin/Jardin.... 722 forum posts Send private message

I can remember people stating this previously.  People were worried that some owners may refuse to pay their community fees and then sell the property and leave the community out of pocket.

Several people pointed out that the fees stayed with the property so owners couldn't get around paying their fees.

Phil do you know if the banks are being hit up for any properties they took off Polaris or if Polaris have paid for the properties they still own.

Shane

 




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01 Dec 2010 00:13 by ptan Star rating in Los Naranjos Jardine.... 1696 forum posts Send private message

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 Hi Shane,

Both PW and the banks are paying the fees on their properties, but sometimes they get a month or two behind.

So, my advice to any prospective buyer would be to ensure that the properties are up to date on their fees before buying.  As I have said below, it is s legal requirement to declare any debt so if there is one, either insist it is paid or get it deducted from the price.

 

Phil



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Phil

Email: phil@naranjosuno.com

Web: www.naranjosuno.com

 

 

 



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01 Dec 2010 15:57 by Marshman Star rating in Stevenage (wishing I.... 109 forum posts Send private message

I had a similar issue with the 2008 Payments not being paid by the previous owner, which I have now had to pay and I have asked my solicitor to try and recover as they should have checked this for me before buying.

But what I have been told is that PW never requested any payments from anybody for 2008, therefore when my solicitor did a check for outstanding bills, the only payments outstanding were for 2009 and the solicitor held the money back from the sale price to pay off the fees for 2009.

So Phil is correct and the solicitor should have done a search and held back any payments not paid by the previous owner for 2009. But if nobody has requested the money for 2008 until now, then it would not have shown up.

It is now ML that is requesting this money for the first time and when I contacted them about this I was told it was all legal and they provided me with a detailed document to prove it, which I gave to my Solicitor to check. Hopefully the solicitor wont charge me for this, as I have accused them of missing the outstanding fees.

Hope this helps.




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01 Dec 2010 19:49 by Adrian1 Star rating in I Iive in Derby and .... 47 forum posts Send private message

Thanks Marshman

Yes, my solicitor did the same and held back some money for payments not made by the previous owner which included money owed in Community Charges, IBI, Non residents tax and money owing to the water & electricity companies.

I'll check out 2008/2009 situation.

Thanks for the advice.

 

 

 




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