Date Published: 07/10/2024

Community of owners: Ways you can get out of paying your community fees in Spain

There are several situations in which a person may be released from their obligation to pay community fees in their Spanish comunidad

In the management of buildings and neighbourhood communities, community expenses play a fundamental role in maintaining the operation and good condition of the facilities, be it an urbanisation or an apartment building. These expenses cover a wide range of services and responsibilities, from elevator maintenance to construction work.

Community expenses are distributed according to the participation fee of each apartment or premises. This fee is determined based on the value of the property and is established in accordance with the Horizontal Property Law. Payments are made in monthly instalments and the owner is always responsible for paying them, even if the apartment is rented and the tenant is obliged to assume them according to the rental contract.

However, there are various circumstances that can lead a community member not to pay their dues, explain the community administration experts Heniam. These circumstances can be divided into two groups: those who want to pay, but cannot, and those who can pay, but choose not to.

Establishment of rules in the statutes

Some communities of owners may establish specific rules in their Statutes that grant certain exemptions or reductions in community fee payments. These exemptions can vary and may apply to landlords with particular circumstances, such as those who own ground-floor businesses in a building or those who do not use certain common amenities.

Owners of premises in the building

In some communities, owners of commercial premises within the building may be exempt from paying certain community fees that relate to residential services and common areas. This measure is intended to reflect the difference in the use and benefit that these owners obtain from shared facilities.

Discrepancies and justified claims

If an owner has justified discrepancies regarding the distribution of the community fee or believes that he or she is being charged incorrectly, he or she may seek to resolve the situation through a legal process or negotiation with the community. If the calculation of the fee is proven to be in error, the corresponding payment may be waived or reduced.

Situations of forced non-payment

At times, homeowners may find themselves in adverse financial situations due to factors such as unemployment, lack of financial education, or temporary financial difficulties. In these cases, some owners may request a temporary exemption or a moratorium on payment of the community fee until their situation improves.

Legal or judicial options

If a property owner believes that they are being charged unfairly or that their circumstances exempt them from payment, they may resort to legal procedures to resolve the situation. In some cases, a judge can determine whether the fee waiver is valid.

What happens in case of non-payment

In the event of non-payment, the protocol to address the situation includes calling a General Meeting of the Community, communicating the payment requirement to the defaulting owner and, ultimately, perhaps even taking legal measures to recover the debt.

Linea Directa Bottom Article A-L CAR INSURANCE

Address

Office 1: Monteclaro 1, 30389 La Manga Club / Office 2: Calle Delta del Danubio, 30385 Los Belones

Tel: 0034 868 707 917
Mobile: 0034 689 017 754

View Website

View Google Map

Facebook

Heniam & Associates for Conveyancing, paperwork, legal advice and immigration throughout the Region of Murcia

Catering for the needs of expats living all over Spain, and particularly in the Costa Cálida and the Costa Blanca, Heniam & Associates offer a wide range of services including conveyancing, legal and administrative advice.

At the same time, their team of dedicated professionals appreciate the need to assist you in an easy and reliable manner, allowing you as much time as possible to enjoy your freedom, relax and make the most out of life in Spain. Without sacrificing efficiency, they offer personalised services to each and every client, listening to their needs in order to provide exactly the right service and desired outcome.

In the all-important field of Legal and Administrative Services, Heniam & Associates provide help in a wide range of matters including (but not limited to):

Conveyancing
Legal and professional communication assistance
NIE and TIE Applications
Commercial and company set-up and licensing
Spanish health and administrative services
Support and assistance with regulatory bodies
Professional will writing services and advice on intestate inheritance laws (both in the UK and in Spain)
Contract drafting (for businesses and individuals)
Dispute resolution
Digital signatures and certificates

Whether taking advantage of our conveyancing services or any other legal matter Heniam & Associates’ business partner HeniamLegal will represent you in the best possible way, excelling especially in their conveyancing service.

When buying a property in a foreign country it can be challenging to understand all of the
steps that have to be taken. Heniam knows that buying a home can be stressful and
they want to ensure that you have the resources that you need to make sure that the
transaction is as smooth as possible so that you can start to enjoy your new home without worrying about the details and any purchase pitfalls.

HeniamLegal will be on hand to assist you with every part of the process. They have
dedicated professionals on hand to assist you every step of the way ensuring that all
of the relevant checks and investigations are carried out and, of course, negotiating on your behalf and protecting your interests. You will always have the support you need with HeniamLegal and Heniam & Associates.

Heniam & Associates In addition, translation services are provided either for written documents or for occasions such as visits to the doctor or to administrative offices, and assistance is provided in finding the best deal on foreign currency transfers.