Liability for Community Fees
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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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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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"Get your facts first, then you can distort them as you please"
Mark Twain
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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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www.fljordan.com
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Thanks to both of you for your replies
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