This is a relevant matter, as you could be in a situation where you have acquired a property, free of charges and encumbrances, but you have to settle the community fees of a property which are due prior to your acquisition of the same.
Spanish law on community fees
This matter is regulated by the Spanish Law 49/1960, of 21st July, of Horizontal Division, but it has recently been modified by First Final Provision of the Law 8/2013, of 26th June, of Rehabilitation, Regeneration and Urban Renewal, in force since the 28th June 2013.
By virtue of this amendment, the credit in favour of the Community of Owners corresponding to quotas for the year in progress and the previous three years, has got a preferred character for the purposes of article 1923 of the Spanish Civil Code.
This means that, in the case of existence of debts of Community fees prior to the purchase and therefore corresponding to the vendor, the proportional part of the annuity in course and the three preceding years may be claimed to you, as a new owner of the property.
Who is liable to outstanding Spanish community fees?
In the event that the debt is not paid, the purchaser is liable with its own acquired property, of the sums due up to the mentioned limit of the amount corresponding to the year in which the acquisition takes place and the three previous calendar years. The apartment or premises will be legally affected to the fulfilment of this obligation.
How to avoid outstanding Spanish community fees?
Taking into account the above mentioned, in the Purchase Sale title Deed should be included by the vendor, a certificate issued by the Secretary of the Community, about the status of the debt with the community, in accordance with his statements about the existence or not of a debt.
The Deed can not be granted without the mentioned certificate, unless the seller is expressly exempted from this obligation by the purchaser.
For a secure purchase transaction of your property, do not hesitate to contact on of the property lawyers of our firm in Marbella. At Arcos & Lamers Asociados we will carry out all the necessary searches to guarantee that your interest is protected, and to avoid any unforeseen surprises after the purchase of your home in Spain.
Additional information on Spanish property transactions can by found here!
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