The ”Moroso-family” with big debts to the community has put up their apartment for sale, but do not allow some potential buyers to view it!
The majority of their big outstanding debt to the community of more than 13.000 EUR will be almost impossible for the community to recover, if the apartment will be repossessed.
As being told:
I found a three bed-rooms apartment at Terrazas del Rodeo for sale at idealista.com. Viewing was booked with the estate agent. When we approached the location of the apartment for the viewing, then the mother of the “Moroso-family” walked up to us and told the estate agent that I was not allowed to view her apartment.
I did neither know in which bloque the apartment was located and to whom it belonged. As an investor I was interested in the location, floor plan and condition.
The “Moroso-woman” continued to spread her usual defamation against me, by saying that I had filed false police reports ("Denuncias") against her son. The truth is that her son has twice been found guilty by court for misbehaving and threatening me.
The “Moroso-woman” demanded the estate agent to hand back the keys immediately. The “Moroso-family” had obviously been waiting on the path in the community gardens. Meanwhile I was with the estate agent, the “Moroso-father”, their son, with criminal records, and their Pitbull made their way back towards their apartment in front of us.
The estate agent had informed me that the air-condition did not work and that apartment was in need of some refurbishment.
The “Moroso-apartment” has later been view by other people, who lost their interest after seeing its condition. It is apparently in a terrible condition where everything is broken and got a repulsive smell.
Knowing that the “Moroso-family” has got a huge debt to the community, then one can assume they are very close to get their apartment being repossessed by the bank.
It is not likely that the “Moroso-family” will be able to accept an under offer that make it worth buying their apartment, since their outstanding mortgage possibly is higher then anyone is prepared to pay.
When the estate agent got in touch with me after the incident of the viewing, then I explained that I rather wait for the apartment to be repossessed, since the “Moroso-family” has got a huge debt to the community and there might be a risk that they will leave their apartment in much worse condition then as seen during the viewing.
Unfortunately, there is a big risk that the community will lose lots of money, since the bank only is responsible to pay for the last three years of the outstanding debt to the community. Debt that is older than three years has no priority and will therefore be very difficult to collect from the “Moroso-family”.
It is those property owners that are paying their fees, that have to cover for the losses. This is the price to pay for keeping a President and an Administrator who do not fulfill their duties.
The President of the community is granted authority to take legal actions without any delay against the defaulters (“Morosos”). By not doing so the President is responsible for the losses the community will make on debts that are older then three years.
Rules/Statutes of C.P. Terrazas del Rodeo (“Normas del régimen jurídico contempladas en la escritura”)
Payment of the community fees:
Quien no cumpliera con estos plazos incurrirá en mora y se le podrá reclamar el pago por conducto judicial a partir del 1 Noviembre, el 1 de Enero, el 1 de Abril y del 1 de Julio de cada año respectivamente. Para ell el Presidente está expresamente facultado para nombrar procuradores y abogados e iniciar los pleitos convenientes al caso. Todos los gastos que ocasione este procedimiento serán de cargo exclusivo del deudor.
Anyone who does not comply with these deadlines will be in default and payment may be claimed through the courts as of November 1, January 1, April 1 and July 1 of each year respectively. For him, the President is expressly empowered to appoint attorneys and lawyers and initiate the appropriate lawsuits to the case. All expenses caused by this procedure will be the sole responsibility of the debtor.
Normas del régimen jurídico contempladas en la escritura de C.P. Terrazas del Rodeo