Property Owners’ Association has to be aware of the selling. Many owners are unaware of this process that must be carried out when they sell their property.
What should be done?
After all the paperwork of the purchase and sale of a property we can not neglect another very important step, communicate it to the community of neighbors as soon as possible. And, why? Because if you do not do it, it is very likely that you can charge your debts to the new tenant’s community.
This, at least, is what the New Law on Horizontal Property tells us, in Article 9.1 i) that says:
i) Communicate who carries out the functions of the secretary of the community, by any means that allows proof of receipt, change of ownership of the home or premises.
Those who fail to comply with this obligation will continue to respond to debts with the community earned after the transfer in solidarity with the new holder, without prejudice to the right of the latter to repeat it.
The provisions of the preceding paragraph shall not apply when any of the governing bodies established in article 13 has been aware of the change of ownership of the home or premises by any other means or by conclusive acts of the new owner or when this transmission is notorious.
How should I do it?
As specified in the Law, it must be communicated in a manner that indicates the fact, where the owner and the President of the community can be left with a copy of the document signed by both, in order to avoid possible problems in the future.
The document itself should not be very complicated nor demanding, simply the change of ownership must be recorded.
Now you know how a simple step can become a headache and can only be solved with a simple document.
