By Escalin Well
El Inmobiliario
SANTO DOMINGO- The payment of maintenance fees in a condominium is considered an "essential support" to maintain a real estate project in good condition and the value of the property.
This was announced by lawyer Danetty Lugo, specializing in collections and negotiations, who specified that non-payment of maintenance can lead to an ordinary real estate seizure, regulated by articles 2126 to 2170 of the Civil Code of the Dominican Republic.
The expert explained that the condominium administrator, duly appointed by the owners' assembly, is the one who will act as the legal representative of the consortium, being the person who can grant power of attorney to lawyers to judicially claim the overdue fees, register privileges on the delinquent property and, ultimately, initiate a real estate seizure process.
“Regarding the non-payment, in accordance with article 33, it states that: The verification of the advances guaranteed by the privilege established in article 18 and the setting of the unpaid contribution quotas, will be made by the assembly of the owners, through a declaration prepared by the administrator, with the corresponding details and receipts,” he explained.
The jurist argued that this action can be carried out prior to a payment order in accordance with the provisions of articles 673 to 779 of the Code of Civil Procedure.
Lugo stated that maintenance payments must be made regardless of whether the property is occupied or closed.
“It doesn’t matter if the property is empty. The law doesn’t say anything about that; what it does state is that it is the owner’s obligation to pay the maintenance fees,” he pointed out.
In an interview with El Inmobiliario, the legal consultant specified that, according to the provisions of article four of Law 5038, on Condominiums, each owner is obliged to contribute proportionally to the conservation, maintenance, repair and administration of the common areas and elements of a project.
Danetty Lugo. (EXTERNAL SOURCE).
“In other words, since the condominium is sustained by maintenance fees, this obligation falls on each property owner, who must pay this fee monthly without exception,” he pointed out.
In that regard, he advised that people interested in acquiring a property should "be diligent and investigate" if there are any outstanding maintenance balances.
“The new owner of the property must be diligent and investigate with the company that manages the outstanding balances, or whoever it is sold to, whether the payments are up to date, as they could be prosecuted for the debt,” he warned.
Reasons why there are problems with maintenance payments
Darnetty Lugo explained that the monthly maintenance fee is a payment made to cover common expenses that serve to compensate employees, for repairs, among other services that guarantee the proper functioning of the place.
When discussing the reasons why people might default on payments, he mentioned several points, including when the owner indicates that there is no clarity regarding the use of the fees.
It could also occur when there is little communication between management and owners, and when owners do not want to assume this responsibility due to dissatisfaction with the service provided in common areas.
Furthermore, he specified that another reason occurs when they wish to pay a lower amount than established, since they indicate that they do not use the common areas or services.
The lawyer also indicated that a refusal often occurs when the owner does not have the property rented, thinking that, for this reason, they should not make the payment, an aspect that "affects the added value of their property.".
Finally, he mentioned that non-payment can occur when "fees increase without any legal basis, as well as late fees.".
