The duty of the owners to pay their condominium fees can not be subject to other conditions. It is a duty that arises from the law by simply being condominium and must be met even if there is any situation that bother or even harm an owner.
That is the law. Lamentableente reality is more complex and often owners can really put pressure on an administration refusing to pay their condominium fees.
Given this reality, there are two elements to be considered and must be completely clear for both Administation and condominium:
1 .- The duty to pay should be taken to its ultimate consequences, as well as to the suspension of common services and ultimately, the judicial charge on its subsidiary, regardless of the amount owed. Should not be allowed to grow accounts receivable.
2 .- The right of condominium and homeowner must also be respected, so that the administration must immediately, at a pressure of this nature, to determine if the condominium owner is requesting:
"legally possible for him to demand it?
"Financially it possible for the Condominium comply?
Is it appropriate to make that request at this time?
And above all, who should be able to comply with that request?
If the answer is yes to the first three questions and the manager's who can fulfill the request, it should be clear that as soon as possible and the administration should question the reason for the delay in fulfilling the request.
If you have answered in the negative or if it is not Administrator's authority to implement the request, must be informed in writing to the Condominium as soon as possible and determine the time (if possible) that your request again may be staked or what terms should rephrase it to be meritorious.
In both cases the administration must immediately begin formal collection management of the obligations that the condominium has outstanding with the Condominium.
do not all you will do is create a moral person (and perhaps legal) to the condominium, which eventually may even be grounds for removal of a trustee for breach of its obligations and, perhaps, if the person grew much in its moral dimension, be grounds for some kind of financial reward to the condominium by the damage, which may be entirely responsible for the administration negligente and not the condo.
That is the law. Lamentableente reality is more complex and often owners can really put pressure on an administration refusing to pay their condominium fees.
Given this reality, there are two elements to be considered and must be completely clear for both Administation and condominium:
1 .- The duty to pay should be taken to its ultimate consequences, as well as to the suspension of common services and ultimately, the judicial charge on its subsidiary, regardless of the amount owed. Should not be allowed to grow accounts receivable.
2 .- The right of condominium and homeowner must also be respected, so that the administration must immediately, at a pressure of this nature, to determine if the condominium owner is requesting:
"legally possible for him to demand it?
"Financially it possible for the Condominium comply?
Is it appropriate to make that request at this time?
And above all, who should be able to comply with that request?
If the answer is yes to the first three questions and the manager's who can fulfill the request, it should be clear that as soon as possible and the administration should question the reason for the delay in fulfilling the request.
If you have answered in the negative or if it is not Administrator's authority to implement the request, must be informed in writing to the Condominium as soon as possible and determine the time (if possible) that your request again may be staked or what terms should rephrase it to be meritorious.
In both cases the administration must immediately begin formal collection management of the obligations that the condominium has outstanding with the Condominium.
do not all you will do is create a moral person (and perhaps legal) to the condominium, which eventually may even be grounds for removal of a trustee for breach of its obligations and, perhaps, if the person grew much in its moral dimension, be grounds for some kind of financial reward to the condominium by the damage, which may be entirely responsible for the administration negligente and not the condo.
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