By As a general rule, the distribution of the common expenses in a community management will be made according to the participation fee that each house owner is allocated in the, as it is done as per the established law. It will serve as module to determine the participation in the charges and benefits by reason of the community.
The owners in a community may have obligations to contribute to the overheads on the basis of the participation quota fixed in the title or in what is specifically established. It is possible to establish a distribution criterion different from that of the participation fee. Thus, the expression ‘what is specially established’ allows other systems other than contribution to the common expenses to be determined, provided that it is established in the bylaws or by unanimous agreement of the owners association, such as exemption from certain expenses or the establishment of a different distribution system for a specific item of expenditure. What would not fit, since it would run counter to the mandatory character of the provision, would exclude an owner from the payment of the total common expenses.
The obligor to the payment of common expenses is the owner, who will be the one who responds to the owners association even if the house is rented and regardless of whether in the lease has been agreed that such expenses are borne by the tenant. You have to also note the following among other circumstances;
- The non-use of a service in the community by an owner does not exempt the payment of the corresponding expense.
- The deficiencies that could occur in a community service does not constitute a valid basis for ceasing to pay the expenses associated with it.
- No owner can claim not to contribute to the expense originated by a common service arguing that it waives that service.
- The fact that the Owners Association has not been formally established does not exempt from the obligation to pay common expenses.
The owners are supposed to keep the building in very decent condition by proper usage and maintenance, as well as receive, keep and transmit the documentation of the work carried out and the insurance and guarantees with which it has.
The responsibilities of the visitors, whether they are the owners and have rental properties, the appropriate usage of the building or part of it in accordance with instructions for usage as well as maintenance, contained in the documentation of the work executed is necessary for the smooth running of the community.
