Buying a property in Spain is an important decision that requires a careful review of all related documentation. It is possible to find problems such as IBI debts, outstanding community fees or discrepancies between cadastre and registry that need to be resolved. In this article we will focus on the extra ordinary community fees agreed by the community of owners and analyse who is responsible for their payment.
Who has to pay the extra ordinary community fees?
In order to find out who is obliged to pay an instalment, we must refer to the current legislation on condominiums. Said legislation establishes that the payments for improvements must be paid by whoever is the owner at the moment when these amounts become due.
This moment of enforceability does not correspond either to the moment when the work is approved or when the budget is approved. It is when the amounts to be paid are specified, the corresponding receipts are issued and the debt becomes due for the owners.
Therefore, the owner of the property will be responsible for the payment of the extra ordinary community fees (derramas) at the moment when the definitive amounts to be paid are established and the receipts are issued.
What if there is an agreement in the purchase contract?
We can ask ourselves: what happens if the purchase contract includes an agreement that assigns the payment of the instalments to the seller? Is such an agreement valid or does the law prevail?
In these cases, case law establishes that, as long as there is a clear and explicit agreement in the purchase contract, it is valid. Even if the agreement is not reiterated in the deed of sale, it will remain valid, unless it is challenged. Such an agreement is as effective as any legal document, as long as its terms are clear and there is no dispute about its interpretation.
Conclusion
It is essential that sale and purchase contracts include a clause specifying who will pay the instalments, in order to protect the interests of the client. In the absence of such an agreement, we should refer to the law: the owner will be responsible for payment at the time the debt becomes due, i.e. when the instalments are approved and accrued.
A thorough review of the documentation and a well-drafted contract can avoid misunderstandings and ensure a smooth transaction.
Pilar Penadés