How does your community deal with non payment of fees?

fixer · 11th January 2008, 20:24

How do you deal with people that point blank refuse to pay community fees.
Who is responsable for paying fees of a local the owner or tenant.
What is the legal position and what in practiacal terms should you do if your community is in this position with large outstanding community fees. (i know a few in this position)
David

PeterRayner · 11th January 2008, 21:01

At our 2nd AGM the administrators published a debtors list as an agenda item.

Most were amounts of 1 or 2 monthly community fees and some were the result of bank errors or late setting up direct debits.

It was formally agreed that those who had less than 2 months outstanding would simply receive a written reminder.

The administraor was then instructed to persue the 2 remaining largest debtors, one a locale owner who owed over 2000 E and another private resident owner who owed over 1000 E, and to seek redress through the courts.

6 months later and the locale owner has paid up and avoided a denuncia.

The resident owner has chosen to ignore the threat and is now the single debtor on the community. The apartment is now apparently up for sale.

Our administrator has said court action is pending and the judge can then order the owner to pay up with interest added.

Failure to pay and he could make a sequestration order which if I understand things correctly would bar the sale at Notary unless the debt is cleared.

old golfer · 11th January 2008, 21:11

We send the lads round with bats......seems to get the required Results...

Janet · 11th January 2008, 21:15

Peter's experience shows exactly how things should happen. It's quite straightforward, legally. Owners are responsible for community fees, and if they are in arrears (or are refusing to pay up to date) then their names are put on a list and presented as one of the first items at the following AGM. The community then decides (usually) to take legal action against debtors, and it is the administrator's job to arrange this on behalf of the community.

CornflakeGirl · 11th January 2008, 21:22

i second that. the complex where i work has really high community fees, though, and the girl in the community office has told me of a number of owners whose apartments we look after and who always insisted on paying themselves (as opposed to us taking it off their rental income) who will be taken to court.
it is always the owner's responsibility to pay, not the tenant's (and if it is the tenant's, it should be included in his rent)