In a condominium there are dogs and their feces throughout the garden, a neighbor’s music at full volume late at night or parked car across the street are problems that take away the peace to neighbors of condos in Costa Rica.
But a situation that causes great problems in a residential area is the presence of a defaulter neighbor, who refuses, for various reasons, to pay his maintenance fees.
The discomfort has merit: the budget of the condominium the common areas for attention is developed based on the number of existing residential units.
If someone has not paid, the remaining will be taken “solidarity” by neighbors who do pay his monthly fee.
In this way it is stipulated in the law regulating the Condominium Property, adopted in November 1999 by the Legislature.
For example, Article 19 of that law says: “Common costs are those for administration, maintenance, repair and cleaning of common things, which are regulated in the regulations.”
“If one neighbor does not pay, there are two ways to obtain the money: using a special fund (known as legal reserve) and if there is no that fund, is summoned to an assembly of neighbors and tells them to rise the fee, “said Oscar Cespedes, the manager of the firm Habitat condominiums.
Alexander Nunez, manager of the firm condominiums Naret S. A. , accept that the presence of a defaulter neighbor can disturb the peace of the residential complex.
This is because the recovery of that money requires a claims process that can reach the courts. This measure is also contained in the Act.
Nunez said the condominium management company, hired by the board of the neighbors made the effort. These efforts are, the warnings written, the penalty with fines for the condominium and pay out of timeif there is no positive answer, take the case to trial.
The worst case scenario for that neighbor is defaulter, it is obliged to leave his house and then the home will be topped.
Cespedes said the money from the sale of the property are funded administrative costs, such as hiring the counter (who issued the certificate with the debt plus interest) and the lawyer.
The rest of the money from the sale, is given in the registers and who appears to own the home.
“This is an extreme measure and for that reason it is important that the neighbors are up to date fees,” he said.