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Do you inherit condiminum debt?

Printed From: Albufeira.com
Category: Living in Albufeira / Viver em Albufeira
Forum Name: Algarve Foreign Residents / Residentes Estrangeiros
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URL: https://albufeira.com/forum/forum_posts.asp?TID=9391
Printed Date: 27/April/2024 at 16:10
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Topic: Do you inherit condiminum debt?
Posted By: Cloveedodd
Subject: Do you inherit condiminum debt?
Date Posted: 29/April/2016 at 14:10
Hi All

Hoping someone knows the law better than me.

I bought an Apartmenti Albufeira in March 2013, it was a reposseion I bought from Santander, I did employ a solicitor.

Santander did not pay the remaining condiminum fees which consist of annual charge, building insurance policy relating to period before my ownership and building repairs

The condiminum seem to have accepted at last that the annual fees are not my responsibility but between the other owners are insisting I pay it all, now the condiminum have said I must pay the building repairs and insurance policy.

The property was not purchased with any registered debt at the notary and my solocitor ( who is part of the same firm that actually are the solicitors of the condiminum) confirmed any debt value

Where do I stand?

Any advice or facts appreciated



Replies:
Posted By: LesTele
Date Posted: 29/April/2016 at 14:46
What does your lawyer say? It sounds like there is a conflict of interest now you are being pursued for further sums. I would consult another lawyer with no connection to the condominium and see where it goes from there.

I'm a Scots solicitor and have no idea of the legal position in Portugal. It may be that you have a claim for negligence against your former lawyer if he or she failed to bring it to your attention that further sums were due.

This is the ideal place to receive recommendations from others who have employed competent lawyers for their property purchases.


Posted By: peteknopp
Date Posted: 29/April/2016 at 15:35
You do not inherit condo debt. I bought the 2nd restaurant in 2012 and the annual meeting and notes show previous owner has debt for 2011 and before but nothing to do with me.

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Posted By: Cloveedodd
Date Posted: 30/April/2016 at 09:30
Thank you, the condiminum are saying that they can't legally get me to pay the fees but can for the building repairs that took place before I owned the property. I need to find out if that is correct, no debt was reported by anyone to the notary. I think my solicitor was negligent but I've been told that solicitors in portugal will not sue each other .??


Posted By: cubsur
Date Posted: 30/April/2016 at 10:00
It's often a mess. One thing you do inherit is unpaid electricity bills etc which the company insist are paid before they will change the account to you or reconnect. When I purchased all these debts were identified to me by the solicitors. I was able to settle with the previous owner by a small deduction from the asking price.

I have never heard of though of unpaid condominium charges being passed on. Seems logical or no-one would pay, simply leaving it for the next hapless person. 

Our annual meeting regularly has to pursue one backslider, who only pays up with the threat of court action.

Repair bills for the condo as a whole as billed as percentages to the various occupiers. An emergency repair may have to be paid for out of the 10% contingency fund. Any planned repairs have to be agreed by the owners before they take place and recorded in the minutes of the meeting. Any such unpaid are pursued in the same manner. Example - our building was supposed to have been repainted last year. One owner refused to pay, the plan was cancelled and the rest of us got our money back. Now the place is looking rather shabby!

A good lawyer you need. But how much is that going to cost?


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Albufeira Resident

www.algarvebus.info public transport information for the Algarve


Posted By: Norm55
Date Posted: 05/September/2016 at 07:32
Can someone reccomend a good condo management company ?     Am hoping to dismiss current one at next AGM.


Posted By: port princess
Date Posted: 05/September/2016 at 10:31
Yes we have just changed companies took a while to get rid but we now have a very good company called Zona Positiva LDA urb .da Corcovada lot 30 Albufeira .
We have just had them since May but what a difference they have made in short space time .
Our place was going to wreck and ruin with our previous company .

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Portprincess


Posted By: DICEYUK
Date Posted: 05/September/2016 at 13:40
Can't recommend a good one as we haven't had one yet but avoid these 3 like the plague - they are all totally useless.

  • Loja Do Condominio (LDC for short)
  • CondoRigor
  • RPG Condominium

We had the first lot for 5 years. Basically they never did anything apart from letting the debt from non payers mount up to over 10,000 Euro.

We changed to the next lot who were just as bad, if not worse. The continued to let debts mount up and did nothing in trying to recover what was already outstanding.
As a result the total now stands at a whopping 16,350 Euro.
Over 12,000 Euro of that is from 3 restaurants who between them own 7 units.
The balance is made up by 2 or 3 apartment owners.

They were then taken over in February of this year by RPG.
Their original email informing us of the takeover promised -

Professionalism - A team with appropriate academic and/or vocational training.

Communication – Healthy dialogue between joint owners and the administrator determines the success of our service.

Transparency - We provide access to financial and accounting information from your condominium on our website.

So far they've done nothing. They did organise the annual meeting but as that was the wrong month, the wrong time and in the wrong place, nobody turned up. Apart from that neither I, or anybody else, has had any correspondence from them apart from 2 quarterly invoices.

I repeat, they are all totally useless.


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I hate how peopleï compare Frank Zappa to God. I mean, he's cool and great and nice and everything, but he's no Zappa.


Posted By: Norm55
Date Posted: 05/September/2016 at 15:38
I did not think we could name individuals in case of Libel but thanks anyhow! Am considering Luso Living   Any one had any experience of them ?   Other owners are slowly coming round to fact we are not stuck with current ones ( N Condominios )


Posted By: DICEYUK
Date Posted: 05/September/2016 at 15:59
Originally posted by Norm55 Norm55 wrote:

I did not think we could name individuals in case of Libel

The facts are not libel, are they?


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I hate how peopleï compare Frank Zappa to God. I mean, he's cool and great and nice and everything, but he's no Zappa.


Posted By: gerry
Date Posted: 06/September/2016 at 20:07
We had  Zona Positiva LDA urb .da Corcovada lot 30 Albufeira for one year, not a clue didn't really want to know, wouldn't speak English unless he wanted to and a very fine juggler of money between condos, he can sue me if he wishes bring it on!!  be careful with this company. 


Posted By: port princess
Date Posted: 07/September/2016 at 09:01
Hi Gerry ,sent you a P.M.

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Portprincess



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