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Living in a community is not always easy, especially when you have to make decisions that affect all neighbors and even more so when there is money involved. That's why you've probably come across a neighbor who refuses to pay his or her share or you yourself have considered doing so if you were about to sell a flat . Next, we want to explain the reasons why you can stop paying the community fee and what happens if a neighbor decides not to pay his or her fee.
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Is it mandatory to pay the community?
According to article 9 of the Horizontal Property Law, all neighbors are Chinese Overseas America Number Data obliged to pay community expenses as long as these have been approved by the majority or are necessary for the structure of the building.
Paying for the community means that all homeowners are responsible for covering common expenses such as electricity, water, elevator, maintenance of common areas, etc. dividing the amount between everyone. If there is any extraordinary expense , it is called a spill and the owners are also obliged to assume the expense.
Making payment to the community does not depend on the use you make of it , but rather has to do with living there. For example, ground floor tenants must pay the same amount for the elevator as those who live in the attic.
Recommended reading: What is a spill in a neighborhood community?
The same thing happens if your block decides to reform a common area and it is approved by a majority, even if you do not agree, you must contribute your part .
Even if you don't even live in the property, if it is your property you have the obligation to take care of your part of the community expenses. If a neighbor does not pay, he would be declared delinquent and a judicial process could begin against him.
Two specific situations in which the community can stop paying
As in all laws, there are some exceptions, as the owners of a property have the right not to pay community expenses and we present them below.
If you are the owner of a premises
In the event that there is a commercial premises on the ground floor of the building and that it has a direct entrance from the street, the owner of said premises will have the option of stopping paying community fees. That's because he doesn't use the landing or the stairs of the building, since he does everything from the outside.
They can only be exempt from paying the expenses of the community of neighbors if the neighbors approve it by majority or if the owner of the commercial premises resorts to the social statutes.
If you show that the improvement is not necessary
There is another exception in which an owner can stop paying a certain extraordinary community benefit. In the event that the neighbors decide by a majority to make a reform to the building , all the neighbors, whether they agree or not, will be obliged to pay their part according to the Horizontal Property Law.
But, if one of the owners manages to legally prove that this reform is not necessary in the building , but is only done for the comfort of the inhabitants, all the people who had voted against will be exempt from paying for the reform.
If the rest of the neighbors finally decide to go ahead, only they will have to pay the spill , even knowing that those who voted against and are not paying it, will surely end up benefiting from this improvement over time.
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