Thursday, October 18, 2018
Legal
How a property manager acts with the defaulters
Did you know that last year alone the debtors owed a total of 1.6 million to the communities of owners according to a study prepared by the General Council of Colleges of Property Administrators? Almost nothing! In this sense, the role of the property manager in identifying and communicating to the debtor their obligation in the payment of debt is essential.Sometimes it is a matter of pure magic and a lot of sacrifice on the part of a few, that a neighborhood community go ahead if there is a group of delinquent neighbors who refuse to pay. And here is where the farm manager plays a fundamental role.Although now the new tools of work and communication allow to keep these debts identified quickly and comfortably, helping to verify how negotiations go with the defaulters and make general communications by this means so that the neighbors who comply feel informed and protected, the role of the Farm administrator remains fundamental.Murcia, Aragon and Castilla la Mancha are the Autonomous Communities of Spain where delinquency is most prominent in communities of owners and where farm managers need these tools even more. In fact, according to the Observatory of the Communities of Owners, prepared by the General Council of Colleges of Property Administrators of Spain, the latest data on an average in the last decade of 1,854.71 million euros. Of course, also include banks in this large amount. What should an estate administrator do to prevent these amounts from drowning their customers?The farm administrator and the defaultersThe first recommendation is that it carries out an exhaustive control of the collection of receipts, whether ordinary, extraordinary, water payment, etc, with the aim of detecting the delinquent neighbor as soon as possible. Communicating the obligatory nature of these payments helps inform all the neighbors.And once a default is detected in any of the quotas issued, the procedure requires contacting the affected neighbor. The best will always be face to face although previously staying for a meeting with this. However, when the owner does not respond to requests for payment from the property manager, the role against the defaulter in owner communities must be clear: send a communication through a certified letter or burofax.The role of the administrator of estates with defaulters in communities of owners must always be clear-cut. This will include the delinquent in the list of pending receipts that is attached with the call of the meeting. At the meeting, the administrator must add a point on the agenda that refers to the proposal to take legal action against the defaulter. Ideally, all these advances should be communicated and should be recorded and fully accessible at any time by any neighbor. At this time and after everything is communicated to the board, the agreement must be notified irrefutably to the debtor by sending back a burofax with acknowledgment receipt and certification where the debtor has a period of 15 days to pay their debtIf the defaulter accepts the notification of the burofax and the period of 15 days passes without paying, the file is handed over to a lawyer to file the order for payment in the court. There is no going back.

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