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29 Apr 2013 16:30 by knj Star rating in Costa Blanca. 78 posts Send private message

 We have an absent owner (whereabouts unkown) who is renting out his property long term through his solicitor.  He has a new tenant who has agreed to pay the fees for this year but there are still 2 1/2 years fees owing (approx 700€).  I am told he has no income & the rent has to pay the mortgage.  Am I correct in thinking that we need to get the Community insurance company to take legal action to register this debt against the property or risk loosing the money in case of a sale in the future.





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29 Apr 2013 16:48 by johnzx Star rating in Spain. 5241 posts Send private message

If you are referring to money owed to the community, the Administration should have started an action to embargo the property, which can then be sold to recover the debt. 

I cannot see what the community insurance has to do with it.





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29 Apr 2013 16:56 by knj Star rating in Costa Blanca. 78 posts Send private message

 The President does all the administration.  The 22 owners will not pay for an administrator.We are told that the community insurance covers this type of action.





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29 Apr 2013 17:29 by johnzx Star rating in Spain. 5241 posts Send private message

Sack the president.

He / She should have taken action long ago.

 

Unless I have missed something, I really cannot see how it could be an insurance matter.  If it was then there would be no problems of unpaid community charges.





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29 Apr 2013 18:05 by noddy Star rating. 150 posts Send private message

taking action is easier said than done and doesnt get in the money. We have over 6 cases in court now for over 4 years, not one has been heard yet as the courts are so. The courts will not order sale and the mortgageis probably bigger than the property value.

An embargo is only any good when it comes to selling.

you have to make life as digfficult as possible and use uk debt collectors for uk people and just persevere.

eg we had debtors address unknown so its not easy and court costs money !

 

nick





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29 Apr 2013 18:11 by johnzx Star rating in Spain. 5241 posts Send private message

 

Noddy, I guess I have been lucky. 
 
I have an apartment, and in another community a lock-up garage.      My son has two apartments. 
 
There are no bad debtors in any of them.  There have been a couple of times when owners have been warned court action would be taken, but they always paid up.
 
So I don't have experience of a case going to court.

 

 


This message was last edited by johnzx on 30/04/2013.



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01 May 2013 15:02 by hugh_man Star rating in Kent/Roda . 1589 posts Send private message

hugh_man´s avatar
Knj
Is the owner UK or Spanish National?

There is no chance of the insurance company being interested, pursuing debts is a matter for the Community and its Administrator and should be determined each year t the AGM, either through UK courts via a UK collection agency or through the Spanish legal system via Procedimiento Monitorio.
Both are costly and certainly lengthy and if the owner has no other assets, the chances of recovery are slim especially if he is in negative equity as the bank will have first call on the property.
John is being a little harsh on the President but he should ensure action is put in place, John is also very lucky he does not have this problem which in many of the newer Communities is becoming a very worrying situation as services will eventually suffer.

Costs of recovery will eventually add up to over 1000 euros so the Community has to decide to write it off or pursue the debt taking into account the debtors assets, if any.

Any tenant has no official responsibility to cover debts but sod do pay rent directly to the Administator if the owner is willing, you can possibly deny use of some luxury facilities such as swimming pools or tennis courts etc.

Seek legal or Administrative advice urgently.



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02 May 2013 11:12 by knj Star rating in Costa Blanca. 78 posts Send private message

 The owner is Dutch & the community insurance covers for this legal action.  

You acnnot deny use of services for non payment.


This message was last edited by knj on 02/05/2013.



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02 May 2013 11:16 by johnzx Star rating in Spain. 5241 posts Send private message

KNJ

If I were a betting man, which I am not,  I ( and guess Hugh too) would give you odds of 100 to1 that the insurance does not cover it.

 


This message was last edited by johnzx on 02/05/2013.



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02 May 2013 17:06 by hugh_man Star rating in Kent/Roda . 1589 posts Send private message

hugh_man´s avatar

knj

 

You either have a very expensive or 7 star Community Insurance to cover costs of leagal action, given the current build up of debts in many newer communities that would be suicide.

But good luck to you if you have it, go for it.

European Nationals can be chased via European Laws usiing some of the UK debt collection agencies mentioned previously but Court Action in their own country still costs.

To get an embargo on the property, you will need to take action in Spain, still excrutiatingly slow and costly.

 

As previously suggested, get propoer advice, none of us is qualified, we only speak from a little experience.





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05 Jul 2013 22:40 by hugh_man Star rating in Kent/Roda . 1589 posts Send private message

hugh_man´s avatar

 Received this from our Administrator recently, which would appear to be a little bit of good news for Communities with outstanding debts, especially if properties are repossessed by the banks who would appear to be responsible for up to 4 years debts rather than the current year and previous one.

As far as I can see though the banks are certainly not paying up the fees they are supposed to cover eagerly. 

Anyone seen or heard anything more on this.

 

Dear President,

 

Good News!

 

This Thursday 27th June 2013 has been published the “Ley 8/2013, de 26 de junio, de rehabilitación, regeneración y renovación urbanas”  (Law of urban rehabilitation, regeneration and renovation)  coming into force on Friday.

 

Its first Final Disposition modifies articles 2, 3, 9, 10 and 17 of the Law of Horizontal Property.

 

In the next few days, we will be explaining the modifications but we can remark this: The purchaser of a property, from now on, will be responsible for the debts of the current year and the 3 previous years.

 

These are really good news for the Communities 

 





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11 Oct 2013 15:49 by vantage Star rating in Murcia. 43 posts Send private message

vantage´s avatar

** EDITED - Advertising **

 


This message was last edited by eos_moderators on 11/10/2013 23:00:00.

_______________________
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