Having paid all expenses at your expense by the deadlines set by theadministratorit is not always “enough” to protect oneself from various problems that concern the budget of the condominium.
The nonpayment of the charges due by other tenants can, in fact, have repercussions on others including, for example, the interruption of some services such as cleaning the stairs, maintenance of the elevator, and where provided for in the condominium expenses, even the blocking of utilities such as electricity, water and gas.
So how can you protect yourself from arrears others? Let’s take a closer look.
What to do in case of default
In order to avoid repercussions even if the payment deadlines and the expected costs have been respected, some essential steps must be followed. First of all, when expenses are decided in the assembly, the administrator must immediately request the payment of the estimated expenses according to precise timeframes.
If the expense schedule is not respected, the administrator must first request and then, if the condominium continues not to provide for payment, request the intervention of a lawyer for an executive injunction against the defaulting tenant. This eventuality can be delayed only if the assembly decides to grant more time to the defaulting tenant.
If this does not happen, the administrator must proceed with the forced collection of the credit within and no later than 6 months from the end of the financial year. If the administrator decides not to do so of his own accord, he can be revoked and he can be asked to pay compensation for damages.
If the bite continues not to cover the expenses due, the creditors who have not been paid must be provided with the personal data of the defaulters in order to take action for collection first against them and, only in the event of failure, against all the other condominiums in good standing with the payments. According to the provisions of art. 63 of the “Provisions for the implementation of the Civil Code and transitional provisions”: “For the collection of contributions based on the distribution status approved by the assembly, the administrator, without the need for authorization from the assembly, can obtain an immediately enforceable injunction decree, despite opposition, and is required to communicate to creditors who are not yet satisfied who contact him the data of the defaulting condominium owners. Creditors cannot take action against those who are up to date with payments, unless after the other condominium owners have been called upon”.
In the meantime, the bitten condominium owners will be able to take action against the injunction received within 40
days from receipt of the same, in effect starting a civil case; if this does not happen, however, the defaulting condominium owner who does not object may have his salary, pension, current account or house seized.