Condo debt has always been a headache for any trustee, and a big problem for the condo cashier, but some laws have changed and you check below what you can or can not do to apply the correct correction.
Who is responsible for the debt anyway? Tenant or Owner?
Under the law, the responsible is the owner. If you are a defendant in a collection lawsuit, you can move another action against the tenant (and, consequently, against the guarantor) to get the amount back.
What about old and new residents?
1.With the new Civil Code, the criterion has changed, and now the new owner is responsible for the debts of the former. This applies to debts after 11/01/2003, when the new CC came into force.
2.Article 1345 of the Civil Code: "The acquirer of unit is responsible for the debts of the alienator, in relation to the condominium, including fines and interest arrears."
Therefore, when acquiring a property in condominium, it is essential to ask for the statement of the condominium.
3. For debts before 11/1/2003, the old criterion is valid: only after receiving the keys, the new owner was responsible for payment of the condominium fees. The debt prior to receiving the keys was still the responsibility of the former owner.
Source: Síndico.net
