Condominium and bankrupt occupant
#1
Condominium and bankrupt occupant
About 3 years ago a flat in my condominium was sold at auction because the occupant could no longer pay the bank loan. For 4 years before that he had not paid the fees of the condominium and he had run up a debt of Euro3000.
The debt has remained unpaid for 3 years. Now the new occupant is saying the debt is nothing to do with him and must be shared by all the members of the block.
Does anybody know what the law says about this situation? The condo is managed by an agency.
The debt has remained unpaid for 3 years. Now the new occupant is saying the debt is nothing to do with him and must be shared by all the members of the block.
Does anybody know what the law says about this situation? The condo is managed by an agency.
#2
Concierge
Joined: Apr 2007
Location: Verona/ Nr Turin
Posts: 4,670
Re: Condominium and bankrupt occupant
About 3 years ago a flat in my condominium was sold at auction because the occupant could no longer pay the bank loan. For 4 years before that he had not paid the fees of the condominium and he had run up a debt of Euro3000.
The debt has remained unpaid for 3 years. Now the new occupant is saying the debt is nothing to do with him and must be shared by all the members of the block.
Does anybody know what the law says about this situation? The condo is managed by an agency.
The debt has remained unpaid for 3 years. Now the new occupant is saying the debt is nothing to do with him and must be shared by all the members of the block.
Does anybody know what the law says about this situation? The condo is managed by an agency.
#4
BE Forum Addict
Joined: Dec 2009
Posts: 2,512
Re: Condominium and bankrupt occupant
The new owner is liable for the year he bought the house so whether he buys in Jan or Dec it matters little, and the preceding year. For debts that are now 7 years old - the condominium will have to chase the original owner via an injunction.
#5
Re: Condominium and bankrupt occupant
Thanks Modicasa. Do you know the law involved for the injunction?
#6
BE Forum Addict
Joined: Dec 2009
Posts: 2,512
Re: Condominium and bankrupt occupant
Try this https://www.studiocataldi.it/condomi...-condomino.asp, but there may be prescrizione for older debts.... Its not something Ive ever encountered.
#7
BE Enthusiast
Joined: May 2010
Posts: 538
Re: Condominium and bankrupt occupant
A similar thing happened in our condominium. Essentialy the property owner died and no payments were ever made by his inheritors. A sum of almost €21,000 was racked up. (I know!!) When the property was eventually sold after maybe six years, (and at 46% less than the initial marketed price!!) the outstanding sum was withheld by the notary to settle the debt. This seemed to me quite a usual transaction and was readily accepted without any issues being raised by other condominium members (44).
So, if my experience is anything to go by, I don’t really see how you should be charged for someone else’s debt. At the least I would think that you should have a good case against your condominium administrator.
CB.
So, if my experience is anything to go by, I don’t really see how you should be charged for someone else’s debt. At the least I would think that you should have a good case against your condominium administrator.
CB.
#8
Re: Condominium and bankrupt occupant
Our condo has water leaking into underground garages. The cost of repairs is estimated to be 100k. Probably the administrator should have insured against failure of the common structure.
Some of the neighbours are unemployed so they are never going to pay for repairs.
#9
Account Closed
Joined: Mar 2017
Posts: 0
Re: Condominium and bankrupt occupant
Butting in from Hungary!
Practice here is for the block management to register a charge against the apartment with the land registry. This the debt shows up on any search carried out by a prospective buyer. Thus happened when we bought this apartment last year. So we gave the sellers a simple choice, either pay it off and clear the charge or we would pay it and knock it off the agreed purchase price. In the end they paid it. In your case, presumably the bank was the seller?
Practice here is for the block management to register a charge against the apartment with the land registry. This the debt shows up on any search carried out by a prospective buyer. Thus happened when we bought this apartment last year. So we gave the sellers a simple choice, either pay it off and clear the charge or we would pay it and knock it off the agreed purchase price. In the end they paid it. In your case, presumably the bank was the seller?
Last edited by scrubbedexpat142; May 30th 2021 at 9:05 am.
#10
Re: Condominium and bankrupt occupant
Butting in from Hungary!
Practice here is for the block management to register a charge against the apartment with the land registry. Thus the debt shows up on any search carried out by a prospective buyer. Thus happened when we bought this apartment last year. So we gave the sellers a simple choice, either pay it off and clear the charge or we would pay it and knock it off the agreed purchase price. In the end they paid it. In your case, presumably the bank was the seller?
Practice here is for the block management to register a charge against the apartment with the land registry. Thus the debt shows up on any search carried out by a prospective buyer. Thus happened when we bought this apartment last year. So we gave the sellers a simple choice, either pay it off and clear the charge or we would pay it and knock it off the agreed purchase price. In the end they paid it. In your case, presumably the bank was the seller?
#12
BE Enthusiast
Joined: Feb 2020
Posts: 475
Re: Condominium and bankrupt occupant
I had a similar situation.
Occupant next door defaulted on mortgage and scarpered. The rest of the occupants were given the option of absorbing her condo fees or trying to recover through a lawyer. We opted to absorb costs, partly because engaging a lawyer would likely be more costly, and indefinite time scale attached. Meanwhile her son has been renting out the flat to various transients, still not making any contribution to condo fees. The flat is in process of being repossessed by the bank. When I sold the place the new owner was made aware of the situation and went ahead anyway.
Occupant next door defaulted on mortgage and scarpered. The rest of the occupants were given the option of absorbing her condo fees or trying to recover through a lawyer. We opted to absorb costs, partly because engaging a lawyer would likely be more costly, and indefinite time scale attached. Meanwhile her son has been renting out the flat to various transients, still not making any contribution to condo fees. The flat is in process of being repossessed by the bank. When I sold the place the new owner was made aware of the situation and went ahead anyway.
#13
Re: Condominium and bankrupt occupant
Lawyers fees in Italy are truly terrible. We bought a small piece of abandoned woodland and the fee was almost the same as the cost of the land.