CONSULTATION: There is one neighbour, in the urbanization where I live, who systematically refuses to pay the community fees, which of course upsets the other owners. Can the community approve at the General Board Meeting a decision to stop those neighbours not paying their fees from using the pool, lift etc.? Thank you for your help.
Thank you for your consultation.
It is our understanding that it is not possible to stop a neighbour, in debt with the community, from using the common services only for the fact of not being up to date in the community fees.
Law 49/1960 on Joint-Horizontal Property Ownership establishes a series of penalties and consequences derived from non payment of community fees. The following are worth highlighting as an example:
1. – PENALTIES: Article 15.2 of this Law foresees the penalty of depriving the neighbour debtor of his right to vote and states the following on paragraph two:
2.- “Those home owners who are not up to date on their community payments when the Meeting starts and have not contested the Meeting Minutes (ACTA) at Court or made provisions to deposit the amount due in Court or the Notary, will be able to participate in the meeting but will not have the right to vote. The names of the home owners with no right to vote as well as their shares in the community will be reflected on the Meeting Minutes but will not be taking into consideration to reach the majority required by Law