Suspension of Services for nonpayment fee

Under the Condominium Property Regime, apply a number of common expenses that are

advertised on the laws of each country and which result in payment by management,

maintenance, security and surveillance service, repairs, gardening and cleaning of 

common areas, contracts, and authorizing other through Regulation of condominium or 

owners' meeting according to.

Under this regulatory framework, management must execute any agreement approved

Owners Assembly regarding this issue. Those owners or legal representatives are in

moratorium on condominium fees, can be affected by not receiving those common

services that are provided internally of the condominium. Why do we say this? If the

 Administration collection ran those routes contained in the regulation of condominium to

collect unpaid assessments without positive results, with the approval of the assembly,

while the administration can implement measures defaulters pressure to force the

cancellation of all debits to the condominium.

On the other hand, from the moment that residents voluntarily submit to condominium

regime, are required to cover the costs of administration, maintenance and operation of 

services and condominium common property and it is your obligation to keep their 

respective quotas for to realize the enjoyment of goods and common services. These

revenues are invested not only in common expenses but also in improvements.

"In common things, improvements will be approved at a meeting of condominium by the

following vote:

a. The necessary improvements, by the votes of the owners representing a majority of the

value of the condominium.

b) Improvements useful, by the votes of the owners representing two thirds of the value of 

the condominium. "(Article 14 of Law 7933 CR).

By exclusion, is the Assembly of condominium owners approving improvements to make in

the condo and is the supreme organ which translates the will of all the owners. The

 Administration executes such agreement in accordance with the approved budget for that

purpose. We can divide those improvements or repairs: 1) Necessary and 2) useful.

The necessary improvements are those that are identified as conservation actions aimed

condo and prevent deterioration of the buildings. Funding or supports for these repairs are

charged to the maintenance fee which by law must pay each owner.

Useful improvements can be identified as those updates and investment condo. These

conservation help but most of all are to increase the value of the housing. Within this

category, enter: 1) Painting of all common buildings. 2) Maintaining internal road network

of the condominium. 3) Electrification and perimeter fence. 4) Installing surveillance

cameras in common area and other projects.

What happens if there are any repairs or urgent expense and no money?

 

 

It is the duty of the administration to communicate to all the homeowners of those works

that have to be done promptly. If the budget does not cover the cost of the whole work, the

administration takes the matter to the Assembly and this must approve and authorize the

missing amounts. These are requested as a special assessment and each owner pays

according to the percentage of value that corresponds to the total value of the

condominium.

You can suspend a common service for non-payment of maintenance fees?

We have shown that common services are supported by each and every one of the

owners, yet, when one of the owners hired for himself a private tutoring service. This act

does not relieve you of your obligation to the condominium; you must cancel the

maintenance fee that corresponds. If any of the owners do not pay the maintenance fee or 

delinquency is high for this item, the administration by vote of the assembly can act and

suspend any services you are receiving.

If people do not pay the maintenance fee used common water service and this expense is

covered by the contribution of all owners for example, you can discontinue service to these

people and enable to no more than 100 meters, a water source where you can stock up on

this liquid. If this service were common household waste collection and they are not

offered for this cause, the condominium owner or resident must take their trash to the

dumpster inside the condominium. It may also be that you stop mowing your front lawn,

etc. This action is not transgressing the universal rights of the individual, but you are using

a pressure measurement for the pay delinquent and catch up with payment of the

maintenance fee. The administration may well apply another more severe injunction as it is

to bring this account to charge for the judicial or administrative civil law an instance where

you would encumber the property as collateral for the amount owed.

General Recommendations:

1.

The Administration must follow first the internal procedure stated in the Regulation

of the condominium before:

2. When a condominium owner transgresses the rules.

3. Granting Due Process for the defense of the offender.

Three. If you are going to suspend any service temporarily, have the owners'

meeting agreement.

4. Not recommended act impulsively or individually

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Rafael Betancourt