Not paying the condominium quotas can be very expensive. Debt accumulates interest rates at the legal rate, can be charged in court based on the minutes of the Assembly and, ultimately, can lead to the attachment of assets, including the fraction itself. The current legislation reinforced the collection mechanisms and clarified who is responsible for the debts in case of purchase and sale.
Who has to pay and how the value is fixed
The common expenses of the building are approved at the assembly and divided by the owners in accordance with the amount of their fraction (art. 1424 of the Civil Code). If a owner does not pay, the law gives supreme instruments to the condominium to demand these amounts.
Condominium minutes are executive title
The minutes in which contributions are fixed (with the amount for each owner and the due date) constitutes an executive title. In addition, it covers the interest of late payment and pecuniary sanctions approved at the meeting or provided for in the regulation. The administrator must institute action for collection within 90 days from the first non -compliance, except in contrast to the Assembly and provided that the amount due is ≥ IAS.
Execution and attachment
If the owner does not voluntarily regularize, the judicial enforcement is followed. The CPC provides that all the debtor’s assets can be liable for the debt, including the apartment, without prejudice to the specific rules of protection of permanent their own housing (art. 751).
Purchase and sale: who is responsible for debts
Since the rule is clear: the seller is responsible for the quotas won before the transmission and the buyer for those who win later. The deed must include a statement by the administrator (issued in 10 days) with charges and debts. Only if the buyer expressly dispense with this statement in Scripture/DPA assumes the seller’s debts.
Even if the fraction is leased, it is the owner who responds to the condominium. The landlord may wake up with the tenant the assurance of expenses, but this agreement has only internal effects.
Prescription deadlines
Condominium quotas are periodic installments and prescribe in five years. Counting is interrupted with judicial summons/notification (eg, injunction/action) or with the debt’s recognition of debt, a letter from the administrator is not enough.
The law gives the condominium strength to act, but also allows you to negotiate. Many administrators accept phased payment plans, upon approval in the assembly. Regulating early avoids interest, sanctions and the risk of execution with heavier consequences.
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