The prohibition of using common elements can be imposed when a co-owner fails to pay their dues. At A&O Abogados, your law firm in Marbella, we will explain how. In a community of property owners, timely payment of dues is essential to maintain and preserve the common elements. When a co-owner fails to fulfill this obligation, the community has the right to take measures. These measures serve to ensure compliance with their financial responsibilities. In this blog post, we will explore the procedure to be followed regarding the prohibition of using common elements for the non-paying co-owner.
The Horizontal Property Law, www.boe.es/buscar/act.php?id=BOE-A-1960-10906, is the legislation that regulates property communities in Spain. One of its most important aspects is the obligation of owners to contribute financially to the maintenance and preservation of the common elements.
In case of non-payment of the corresponding dues, the law allows the community of property owners to take measures. The prohibition of using common elements is one of them. In this blog post, we will explore this prohibition and its legal implications.
The proper functioning of a property community depends on the financial contribution of all owners to maintain and preserve the common elements of the building. These include elevators, common areas, or the pool. However, sometimes, some owners may fail to pay the corresponding dues, which can generate tensions and problems within the community. At A&O Abogados, your law firm on the Costa del Sol, we can assist you with these issues.
The Horizontal Property Law establishes that the community of property owners can take measures to ensure compliance with obligations by owners. One of these measures is the prohibition of using common elements for those owners who have not paid the corresponding dues.
The purpose of this prohibition is to incentivize the payment of outstanding debts and protect the rights of the other owners who have fulfilled their financial obligations. In this way, it aims to prevent situations of injustice and ensure the financial sustainability of the community.
This prohibition of use must be carried out in accordance with the established legal procedures. The community of property owners cannot make unilateral decisions or exercise unjustified retaliation. To proceed with the prohibition of use, the appropriate legal steps must be followed, ensuring the right to defense of the affected owner.
The prohibition of using common elements does not imply the total deprivation of rights for the non-paying owner. They still remain the owner of their property and retain their rights and obligations, except for the use of the common elements while the non-payment persists.
A&O Abogados, your law firm specializing in Civil Law, explains the procedure to follow:
- Formal notification: The first step is to send a formal notification to the non-paying co-owner, reminding them of their debt and requesting immediate payment of the outstanding dues. This notification should be done in writing, preferably through a registered letter with acknowledgment of receipt or any other means that provides proof of communication.
- Community meeting: If the co-owner does not respond or fails to pay after the notification, a community meeting is convened. The agenda of the meeting should include the matter of the non-paying co-owner and the possible adoption of measures to prevent their use of the common elements.
- Community agreement: During the meeting, the owners discuss the situation and make a decision by majority vote. It is important to respect the procedures established in the community’s bylaws and to ensure the right to defense of the non-paying co-owner. The agreement must be duly recorded in the minutes of the meeting.
- Communication to the co-owner: Once the agreement has been adopted, the non-paying co-owner must be notified in writing about the prohibition of using the common elements, specifying the dates and conditions of application. It is essential that this communication is clear and contains all relevant information.
- Compliance with the agreement: From the date established in the communication, the co-owner will not be able to use the common elements, such as recreational areas, elevators, gym, among others. The community can implement measures to ensure compliance, such as access control or the placement of informative signs.
Are you a member of a property community with a high level of non-payment? Has your property community decided to deprive you of the use of common areas? At A&O Abogados, your law firm specializing in property communities, we will assist you. Call us now.
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