Friday, March 23, 2018
Legal
THE MOROSITY IN THE AMBIT OF HORIZONTAL PROPERTY
The default of some owners is one of the main problems that concern the communities of owners. The repeated breach of an owner of his obligation to contribute financially to the maintenance of the community may result in treasury problems to the community, forcing the rest of the owners to compensate for the existing deficit: "what a landlord did not pay, they must pay him rest ". This evidently causes tensions within the community as well as making coexistence difficult.In the face of this situation, efficient management is required from the administration; detecting defaults and differentiating the occasional situations of repeated breaches, contacting the owner or the default owner, in order to reach agreements that are satisfactory for both parties.In cases where this is not possible, the route of the judicial claim opens. In recent years, the legislator has created different instruments to facilitate said action and to streamline it. Thus the order procedure, which is articulated as a judicial request for payment, facilitates the documentation that must be provided in said claim, and necessarily imposes the debtor on the costs incurred by the community in order to institute such claim.Unfortunately, the delay in the entire process causes that in many cases there is dissatisfaction when, after all the judicial periplo, the community recovers only the amount of the unpaid installments, since with that payment the whole period of time is not compensated That the rest of the owners have had to face the lack of payment.Faced with this situation, the community can articulate some measures, which, although not always preventing default, may alleviate the feeling of helplessness that sometimes occurs:On the one hand, to approve a community agreement in the sense that all the extrajudicial expenses that are generated by the non-payment of a receipt can be loaded directly to the entity that caused them. In this way, the extraordinary management that produces the non-payment of a fee (banking commissions, extrajudicial claims), does not affect the community.On the other hand, the community can also approve the establishment of sanctions for non-payment a receipt (eg a percentage of the unpaid effect, two months after it was produced and not remedied).These measures have been validated by the courts, there are a multitude of sentences that confirm it, and these games can be claimed together with the rest of the debt, without any problem. In many cases, the approval of such measures can act as a deterrent to the defaulting owner or owner, as it proves that their performance generates a higher cost.Obviously, for the full application of said agreements, it is appropriate that they be raised to the public and register in the Property Registry.For years at ORGAN, the management and control of non-performing loans in the communities we manage is a primary objective, since we are aware of the damage that it causes in the daily management of the community and its treasury. For this, we carry out a monthly monitoring and monitoring of debt entities, we provide payment methods, we propose agreements and we are agile in the filing of claims.All this, with the aim of improving the management of the communities, facilitating the coexistence and ensuring the good maintenance and use of the common elements.