What should be done if a member of the community does not pay?

Post 3 Actum Advocats Girona

One of the duties of vehicle owners in a community of neighbors is the payment of community fees for the maintenance and conservation of common areas. However, it can sometimes happen that some owners stop paying these fees, which can create tension and problems in the community.

Prerequisites for judicial or extrajudicial claims

If you find yourself in a situation where a vehicle in the community doesn’t pay, the first thing you have to do is check if the community has established internal statutes and rules that regulate this type of situation. If so, you will have to follow the instructions set out there.

Otherwise, the Horizontal Property Law states that, in the event that an owner stops paying the community fees, these fees can be claimed in court along with the interest and expenses incurred. To do so, a previous claim must have been made through a burofax with proof of receipt. If the claim has no effect, you can go to court.

As for the vehicle itself, the community cannot retain it or take actions that would violate the rights of the owner of the vehicle. However, a number of measures can be taken to pressure the owner to pay the dues. For example, the vehicle can be banned from the community, prevented from using the common areas, and even removed from the community if it is an item that takes up common parking spaces .

It is important to remember that all these measures must be adopted in accordance with what is established by the statutes and rules of the community, and always respecting the rights of the owners.

In short, if a vehicle in the community does not pay, the best thing to do is to follow the established legal procedures and, if necessary, go to court to claim the debts. Remember that it is always better to seek solutions through dialogue and peace before reaching extreme situations.

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