Community Debtors

Information and questions about the Law in Spain and Andalucia.
gus-lopez
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Re: Community Debtors

Postby gus-lopez » Sat Apr 13, 2013 3:48 pm

ashtondav wrote:
We are applying for an embargo on the owners' Spanish bank accounts - but have been told there's nothing in them

s
So where does the rent go ?
Todos somos Lorca.

Parilla
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Re: Community Debtors

Postby Parilla » Sat Apr 13, 2013 5:04 pm

Probably how it went with one of our morosos, collected in cash each month. Dob the s*d in to the taxman as the income won't be declared. It won't get you your outstanding debt paid, but it will make you feel a thousand times better.

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fyfin
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Re: Community Debtors

Postby fyfin » Sat Apr 13, 2013 5:21 pm

Totally agree - ours collects the rent in cash every month. If my Spanish was good enough I'd inform the tax authorities because I'm sure it's not being declared.
A man likes his wife to be just clever enough to appreciate his cleverness, and just stupid enough to admire it

ashtondav
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Re: Community Debtors

Postby ashtondav » Sat Apr 13, 2013 6:17 pm

Yes, it's cash.

So the question remains the same. How long 'til the b*ggas put the apartment up for sale and pay our fees

Since no one has ever answered this question I continue to assume it just don't happen. Has anyone seen an auction of this type advertised or held?

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Mowser
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Re: Community Debtors

Postby Mowser » Sat Apr 13, 2013 6:45 pm

http://www.communityfees.com/
They don't charge the community - they add it to the debtor.
Read about it here ...http://tinyurl.com/bmusgkg
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ashtondav
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Re: Community Debtors

Postby ashtondav » Sun Apr 14, 2013 5:35 pm

Yes, that's right. My administrator told me that but i'd forgotten.

I suppose on the plus side it costs the community nothing and makes the administrator have some "skin in the game", which may speed things up.

AFAICS we will only get the money when the apartment is auctioned. I'll report back when that happens - I doubt it will be in my lifetime! Mind you after discussing this a few times a year for 3 years with my administrator i'm slowly losing the will to live, anyway.

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fyfin
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Re: Community Debtors

Postby fyfin » Sat Aug 09, 2014 11:38 am

Resurrecting an old post here. We have actually had some success in that 2 of the apartments have finally been taken over by the banks officially and so we received 3 years plus current year community fees which was good news as we could at least repay some of the additional fees that some owners had paid.
Of course because of abysmal accounting by our so called administrator we are still not in a strong financial position but hopefully this coming AGM will see a change to a more professional (and cheaper) highly recommended company. If you recall I had a real struggle to convince him that you need to make a provision for the apartments where no fees are being paid.

The apartment where the guy has never paid is now empty and when I say empty I mean he came and took everything including the kitchen sink. I assume because finally the bank were closing in, the nota simple showed mortgage and charges adding up to €220,000 when the apartment is worth about €60,000. Our administrator has been taking legal action but the man has no assets worth talking about so the best we can hope for is the 3 years plus current community fees when the bank finally take it over (if ever). Strange how he still wanders around the town without a care in the world smartly dressed, drinking coffee and smoking his big cigars. (I feel a Johnny Cash song coming on lol)

At least we are in a better situation now as I managed to persuade the owners to accept a slight increase in fees (back to the previous year's figure after our decrease by the administrator). The fact that volunteers are doing the cleaning and saving us €3,000 p.a. is probably the only reason we're still solvent.
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ashtondav
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Re: Community Debtors

Postby ashtondav » Tue Aug 12, 2014 11:36 am

No progress here, as the case grinds its way through the courts.

The owner turns up every week and collects his rent from the tenant. Cheeky s*d!

ashtondav
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Re: Community Debtors

Postby ashtondav » Tue Mar 17, 2015 11:17 am

Another year...

Still no progress here. The courts issued all the necessary letters last year, all returned unopened.

Apparently because the total debts on the apartment are "only" 5,000€ (ie the only item not paid is 8 years of community fees) and because the apartment value is about 120,000€ the debt/apartment value is so low there will be no enforced sale according to our administrator. The only way we will recover this debt is when the debt/apartment value ration reaches a much higher level (c. 50%) or when the apartment is sold. As old Pedro will simply let his son take over and since no one will ever know that has happend the debt is irrecoverable. Baseball bats and kneecaps spring to mind...

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alexander1
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Re: Community Debtors

Postby alexander1 » Wed Mar 18, 2015 1:59 pm

Does it make any difference if the apartment/house is registered as a company as opposed to an individual? If so, is it easier to sue a company?

Manchesteral
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Re: Community Debtors

Postby Manchesteral » Thu Mar 26, 2015 7:27 pm

As a non owner of Spanish property the thought has crossed my mind, what would happen to the community if every owner refused to pay ?

Lavanda
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Re: Community Debtors

Postby Lavanda » Sat Mar 28, 2015 7:25 am

I guess the whole place would become uninsured, dirty, untidy, the facilities wouldn't work and the place would start to become run-down, shabby, neglected and not very nice. I would imagine that most people would want to pay to protect their assests and way of life.

That apartment is being rented and the owner collects money in cash each week, I understand. A team of big blokes from the community need to be lurking when the owner arrives. As he leaves with the cash he is simply relieved of the community charge for the week plus an amount to start paying off the arrears. He gets a receipt. That is HUGELY IMPORTANT. You MUST give him a receipt. Get shim to sign something, as well. You are not stealing, after all. For good measure video the procedings to show no violence, etc. has happened.

If community people do not want to be involved hire a big bloke or two OR employ a debt-collecting person.

Seems simple enough to me.

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fyfin
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Re: Community Debtors

Postby fyfin » Tue Mar 31, 2015 6:27 pm

Nothing much has changed here either except we have one other family (Spanish) who don't pay and a few months ago they managed to connect their electricity supply to their neighbour who lives locally but not in the apartment. They are English and the husband is very ill so they have not been visiting so no electric being used. It was easy to spot that something was wrong when they got the bill but I couldn't figure out how they had done it as I refused them a key to the meter cupboard as they blatantly told me they wanted to reconnect having been cut off by Endesa. They managed it anyway with the help of an electrician friend by opening a panel in the corridor. The guy also smokes weed which stinks the place out, he's just got a drum kit and wither him or his 2 kids love to batter it loudly. Needless to say court action for non payment of fees is taking ages and when children are involved the banks are reluctant to evict (he hasn't paid his mortgage for a couple of years).

Hey Ho , could be worse , there could be 2 families like that.
A man likes his wife to be just clever enough to appreciate his cleverness, and just stupid enough to admire it


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