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?
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