HOW TO OVERCOME THE PROBLEM OF ARREARS IN NEIGHBORING COMMUNITIES

 

*THE WAY OF ARBITRATION

THE COMMUNITY MAY REQUEST IN WRITING TO THE DELINQUENT OWNER TO PAY THE AMOUNT YOU OWE WITHIN A SPECIFIED PERIOD. AFTER THAT TIME THE RELEVANT ACTION WILL BE INITIATED.

IF YOU WANT TO AVOID THE COURTS, ONE CAN RESORT TO ARBITRATION.

ARBITRATION IS A CONVENIENT, FAST AND EFFICIENT.

REGULATED BY LAW AND WHICH OBTAINS AN AWARD, EQUIVALENT TO A FINAL DECISION, WITHIN 25 DAYS ONLY IF IT IS A NON-PAYMENT OF ASSESSMENTS AND LESS THAN 3 MONTHS IN THE CASE OF OTHER PROBLEMS FACING A WAITING 6 MONTHS TO A YEAR OF LEGAL PROCEEDINGS.

TO DO NEED TO BE APPROVED IN THE ASSEMBLY OF NEIGHBORS, BY SIMPLE MAJORITY, AN ARBITRATION CLAUSE. THE ARBITRATION AWARD IS BINDING. IF THE OFFENDER DOES NOT COMPLY, WILL BE EXECUTED BEFORE THE COURT OF FIRST INSTANCE.

ARTICLE 21 OF THE HORIZONTAL PROPERTY ACT ESTABLISHES THE PROCEDURE FOR CLAIM PAYMENT OF COMMUNITY DEBTS. ITS PURPOSE IS THE CLAIM OF A PECUNIARY CLAIM FOR AN AMOUNT NOT EXCEEDING 30.000 EUROS.

WHEN IS IT USED? THE LAW SAYS THAT THIS PROCEDURE MAY BE CALLED ON WHEN THE DEBT IS PROVEN BY CERTIFICATIONS OF DEFAULT ON AMOUNTS DUE IN RESPECT OF EXPENSES COMMON OWNERSHIP COMMUNITIES. THIS ACCREDITATION MUST BE MADE THROUGH CERTIFICATION FROM THE LIQUIDATION OF DEBT, WHICH MUST BE SIGNED BY THE SECRETARY AND WITH THE APPROVAL OF THE PRESIDENT, AND SHALL BE NOTIFIED TO THE DELINQUENT OWNER.