By acquiring a property within a community of neighbors, you thereby acquire the obligation to comply with the payments of common expenses to cover the proper functioning and maintenance of the building. However, not all people comply with this obligation and, therefore, they generate a debt with the community that must be settled.
In the event that you have one or more neighbors who do not take care of their payments, you will need to use a claim mechanism for them. The most common is the special monitoring process. Thanks to him you will be able, together with the rest of the neighbors, to claim the debts that that delinquent person has generated.
The payment process in community of owners is a way of claim provided by the Civil Procedure Law that allows claiming, without the need for a lawyer and solicitor, the payment of monetary debts of any amount that derive from the non-payment of amounts owed by ownership. of urban real estate as common expenses. In order to carry it out, a series of requirements and documents detailed in this type of procedure must be met.
Before beginning the payment process for communities of owners, we must take into account certain issues that will vary the way of acting to carry it out:
To carry out the presentation of the initial petition, as we have already anticipated, it will not be necessary to have a solicitor and a lawyer.
In the event that the amount to be claimed is greater than 2,000 euros, the representation of a solicitor or lawyer will be necessary to oppose the payment of the debt.
If the debtor does not pay the payment of the claimed debt and the foreclosure process is used, the representation of a solicitor will be necessary if the amount exceeds 2,000 euros, as we have already advanced in the previous point.
If the professional services of a lawyer and solicitor are used in the initial request for the order for payment process to request the amounts owed to the Community, the debtor will be responsible for the fees and rights associated with their intervention. In the event of opposition, the general rules regarding costs would be followed.
In order for the debt to be claimed through the payment procedure, it must meet three characteristics:
To begin with this process we have to follow a series of steps that will be required when using this mechanism:
