Condominium owners must comply with a set of legal obligations when they decide to sell (or rent, etc.) their property units. These regulations are designed to ensure transparency in property management and protect the rights and obligations of all parties involved. In this article, we will explore the main legal provisions applicable to the sale of homes and other spaces in condominiums, in accordance with Article 33 of the current legislation.
- Proof of Payment of Contribution Fees
One of the essential steps when selling a property unit in a condominium is for the owner to provide proof of the up-to-date payment of contribution fees to the owners' association and public utilities. These fees are crucial for maintaining the well-being and upkeep of the condominium's common areas. Thus, when drafting the transfer deed, the owner must present a certificate from the owners' association confirming the payment of the contribution fees.
- Documents Required for Notary Authentication
Notaries can authenticate the transfer documents only if certain conditions are met. First, the owner must provide the certificate issued by the owners' association confirming the payment of the fees or, if there are debts, their amount. This certificate will include essential information, such as the names of the administrator and president of the association, and will be valid for 30 calendar days.
In cases where the owners' association does not exist or is not functional, the owner must present a sworn statement regarding the payment of fees and utilities.
- Transfer of Debts to the Buyer
If there are debts owed to the owners' association or public utility providers, the notary can only authenticate the transfer document if the buyer agrees to assume these debts. The buyer must sign a statement accepting full responsibility for the payment of these debts.
- Obligation to Transfer Relevant Documents
When selling a property, the owner must transfer to the new owner all relevant documents that could affect rights and obligations related to the property. These include, among others, the property's energy performance certificate. In the transfer deed, both parties will declare that these obligations have been fulfilled.
- Information Required for Contribution Fee Calculation
After the transfer deed is completed, the new owner is obliged to provide the owners' association with the necessary information to calculate the contribution fees for the condominium's common expenses. This information must be submitted within 10 working days from the property transfer.
- Renting and Other Real Rights
In the case of renting or establishing real rights such as usufruct or habitation, the obligation to pay the maintenance fees still rests with the owner, who may recover these amounts from the beneficiaries of the usage rights.
- Obligation of the Owners' Association to Issue Certificates
At the request of any owner, the president and administrator of the association are required to issue certificates proving the payment of contribution fees or the existence of debts. These certificates must be issued within 3 working days of receiving the request.
- Noting Debts in the Land Registry
If there are debts older than 3 months and exceeding the value of the minimum wage, the president or administrator of the owners' association must request the recording of these debts in the land registry. It is important to note that this recording is done without the payment of the stamp duty.
Conclusion
The sale of a property unit in a condominium involves a set of legal obligations for both sellers and buyers. From the obligation to pay maintenance fees and public utilities to the transfer of relevant documents and ensuring the assumption of existing debts, each party must adhere to the procedures established by law. These measures are essential to ensure a transparent and fair property transfer process and to protect the rights of all parties involved.
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