Delinquency in a Community of Owners is an unfortunate situation that can generate conflicts and tensions among neighbors. Non-payment of community fees may be due to various reasons, such as difficult economic situations, disagreement with certain expenses or simple irresponsibility. In this article, we will discuss how to face and solve these non-payment problems, and whether it is possible to publish the name of the delinquent owners in the community portal.
1. To understand the problem of non-payment in the community.
1.1. Causes of delinquency
The reasons for which an owner may incur in delinquency in a Community of Owners are varied. Some examples include:
- Temporary or permanent economic difficulties.
- Disagreement with certain expenses or decisions made by the community.
- Personal disorganization or lack of responsibility.
1.2. Consequences of non-payment
Non-payment of community fees can have serious repercussions on the coexistence and functioning of the community. Some of the most common consequences include:
- An increase in dues for the other owners, who must compensate for the lack of income.
- Deterioration of common areas and lack of maintenance due to insufficient funds.
- Conflicts and tensions between neighbors, which can be detrimental to coexistence.
Identify delinquent owners
The first step in dealing with delinquency in the Community of Owners is to identify those neighbors who are not meeting their payment obligations. This can be done by reviewing the community’s financial statements and verifying the payments made by each owner.
2.1. Is it legal to publish the list of delinquent owners?
A common question is whether the names of delinquent owners can be published on the community portal. The answer to this question is complex, as it is subject to personal data protection regulations.
In general, it is not recommended to publish this information, as it could violate the right to honor and data protection of the owners concerned. However, there are certain specific cases in which the law allows the communication of the data of defaulters to third parties, such as when authorized by a law or when it is done for the fulfillment of legitimate purposes related to the functions of the community.
3. Addressing non-payment in an amicable manner
Before taking legal action, it is recommended to try to solve the problem of non-payment amicably. This may include:
- Contact the delinquent owner to inform him of the situation and remind him of his payment obligations.
- Offer you a payment plan or facilities to regularize your situation.
- Listen and analyze the reasons for non-payment, and look for possible solutions that benefit all parties.
4. Take legal action if necessary
If the delinquent landlord does not respond to attempts at amicable settlement, it may be necessary to resort to legal measures to demand payment of the debts.
4.1. Order for payment procedure
The payment order procedure is a quick and simple judicial process to claim debts that does not require the intervention of a lawyer or a solicitor if the debt is less than 2,000 euros. To initiate this procedure, the following steps must be followed:
- To call a General Meeting of the community to establish the liquidation of the debt and to grant the president the authorization to make a judicial claim.
- To notify the resolution adopted at the Meeting to all the owners.
- Send a certification of the resolution of the Meeting, signed by the president of the community, to the delinquent owner.
- File the claim in the corresponding court, accompanied by the necessary documentation.
4.2. Oral trial
If the debt exceeds 2,000 euros, it will be necessary to initiate a verbal trial, which requires the intervention of a lawyer and a solicitor. This process can take between two and six months, depending on the court’s workload.
5. The owner’s liability for debts
The owner of the property is always responsible for the payment of the community charges, regardless of whether the property is rented or not. In the case of sale of the property, the new owner will be liable for the outstanding debts with the community corresponding to the calendar year of the purchase and the three previous years.
6. Financial institutions as owners
When financial entities are owners of homes in a Community of Owners, they must also comply with their obligations to pay the community fees. If they do not comply with the payment requirements, a legal claim may be initiated, demanding the costs and damages caused by the non-payment.
7. Collect the debt through the sale of the property at auction.
In extreme cases, if the delinquent owner does not respond to attempts at amicable solution or legal action, the property may be sold at auction in order for the community to collect its debt. However, this measure should be considered as a last resort, as it involves a long and complicated process.
8. Preventing delinquency in the Owners’ Community
To avoid non-payment problems in the community, it is essential to establish prevention and follow-up mechanisms, such as:
- Establish a system for controlling and tracking owner payments.
- Facilitate the payment process through different options and facilities.
- Maintain open and fluid communication between the owners and the community management.
9. Seek legal advice
When facing problems of delinquency in the Community of Owners, it is important to have the support and advice of a lawyer specialized in the matter. This professional can guide the community as to the legal actions to be taken and how to carry out the judicial processes in an appropriate manner.
10. Promote a culture of payment and coexistence in the community.
A Community of Owners in which a culture of payment and coexistence among neighbors is encouraged will be less prone to delinquency problems. To achieve this, it is essential:
- Establish an environment of trust and collaboration among owners.
- Promote the active participation of neighbors in community decisions and activities.
- Maintain open, transparent and respectful communication among all members of the community.
In conclusion, dealing with delinquency in a Community of Owners involves addressing the problem in a comprehensive manner, from prevention to conflict resolution, including legal advice and the promotion of harmonious coexistence among neighbors. Inversión Madrid helps you to solve this and many other problems with your home or property.
