fiftyfifty.eu - Defaulters and borrowers in apartments you can prepare a roof over their heads!
They do not go to meetings, do not pay the building administration and to fund repairs, and despite the fact that a properly be bought to your property. If the owners' association (OA) occurs one such, it is difficult for others if they occur within the condominium several at once, it can be up to liquidation. A roof over your head, then they can come not only defaulters, but also other members of the condominium. How is this possible?
Advances to heat, water, management fees and house to fund repairs are typically in the order of several thousand per month. If there is just one chronic defaulter, condominium must start to act quickly, or count on the fact that for him, everyone else pays several tens of thousands per year.
Recover money for neighbors is difficult
"Often, we see that the neighbors are literally shy defaulters call for funds. And what is the most frequent reason? They say they do not want to spoil the mutual interpersonal relationships in the house. He had not in fact do not realize that disrupted just as the first Dodger since ceased to pay the required payments. A de facto lives at the expense of other neighbors, "says Kateřina Procházková from free counseling portal poradnaveritele.cz
"In practice, often facing the situation when an individual condominium hesitant to recovery until the debtor in question falls into the execution or insolvency. Then a lot of space left on the recovery because other lenders are simply faster or have priority, "says attorney Bohdan Hejduková of pravnigramotnost.cz portal that specializes in condominium and BD.
In order not to late
In this context, it is worth bearing in mind that the assets are generally satisfied in the order in which they were initiated enforcement proceedings. Exactly this situation to be detrimental for the condominium from Opava, which have been slow to recovery osmdesátitisícového debt until there was nothing to satisfy the claim.
The new studio is the young owner is breaking up with his girlfriend, who helped him pay off the mortgage and housing fees. He himself was not enough to pay debts and began to grow. Long time by creditors nothing serious happened, and finally as the first lender lost patience bank that young man owed on the mortgage. As it turned out, it was not far from his only debt. Carousel execution is then pulled off in rapid succession, until his very koci was due to hesitation and condominium. Executor eventually be sold, the money from the sale of an apartment just barely enough to cover the debt to the bank and partly also the other creditors in the order that others had bad luck so far.
"And if that were not enough, the young man applied for debt relief in addition, that he was allowed by the court. And because the debtor is not required to report this fact to all its creditors, it happened that condominium contacted us late and missed the deadline and so in addition to logging their claims. Bottom line, this condominium reluctant until about his eighty thousand lost forever, "says Kateřina Procházková the specific case.
"The ideal is this alternative count when any statutes," says Bohdan Hejduková and advises concrete steps. "Do statutes should enshrine the due date advances and contributions to the management and maintenance of the house. Can there even at the outset penalties for late payment as late payment fees or interest on arrears and determine further steps against the debtor. "
In practice, it is the first step to recovery of the outstanding amount written reminders. On it should be mentioned account number, VS, the amount due and the due date. It is ideal to transmit a copy of the debtor and the other from him have them sign to make it clear that it was read and understand it. Alternatively, you can send a reminder by registered mail, so you can finally prove in court that the debtor received a reminder. "If the debtor fails to memory, it's just a minus. The court of this fact already taken into account in any way, for it is crucial that it could take over and the debt would be learned in time, "says Procházková.
The main thing is to act quickly, because the debts in time grow into significant sums to actually declines their enforceability. It is important to realize that if the borrower a mortgage, so the apartment serves as collateral for the bank in the event that it would not repay. Community owners and other borrowers thus comes into play only after they are satisfied obligations to the bank. Assuming that the sale of the apartment there anything remains.