DO I HAVE TO NOTIFY MY COMMUNITY, IF I SELL MY FLAT?

Author: Vicent Selva (contributor to idealista news)
Source: www.idealista.com

Selling a flat can be an arduous task. The process can be lengthened greatly from the moment the owner decides to launch it to the market until, finally, a buyer takes over it. However, it should be remembered that the procedures to be carried out do not end with the delivery of the key to the new owner. One of them, very important, especially for the seller, is to notify the community that the apartment has been sold.

It may seem obvious and, in fact, in small communities if someone decides to sell or transfer their property to another person it is unlikely that the operation will go unnoticed, especially if there are signs of moving, both who is leaving, and of who arrives However, in large communities, where a large number of neighbors live together, or if the selling party does not live there, it is more likely to happen. In any case, whether the neighbors realize it or not, it is necessary to notify the community of owners that the sale has been made.

This obligation arises from the provisions of art. 9.1.i) of the Horizontal Property Law, which reads as follows:

“They are obligations of each owner:

i) Communicate to those who exercise the functions of secretary of the community, by any means that allows proof of receipt, the change of ownership of the home or premises.

Anyone who fails to comply with this obligation will continue to respond to debts owed to the community accrued after the transfer jointly and severally with the new owner, without prejudice to the right of the latter to repeat on it ”.

Therefore, it is clear that failure to comply with this obligation can have serious consequences, since, if the seller does not make this notification, he will be obliged to pay the debts jointly with the community contracted by the new owner.

The norm forces to carry out this communication, although, on the other hand, it does not indicate neither the form nor the means by which it must be carried out. That is, it can be interpreted that any type of written notification is valid, without it being required to be reliable.

That is, a simple writing addressed to the secretary of the community, in which the sale of the home or premises is communicated, as well as the data of the new owner is sufficient to comply with the obligation imposed by the Horizontal Property Law. Of course, to avoid problems in the future, it is appropriate to do so in such a way that it can be demonstrated that we have complied with the obligation and that the notification has been carried out successfully. Therefore, you can choose to do it through a burofax, a telegram, a certified letter. Even an email to which the secretary has responded will be sufficient, as stated by the Provincial Court of Madrid in a ruling dated 18/07/2019. It is also possible to deliver it in person, but in this case it is important that we keep a signed copy by the secretary.

It is true that the art. 9.1), in its third paragraph it indicates some cases that would exempt the seller from the consequences, if applicable, of not complying with the mandatory notification:

“The provisions of the preceding paragraph shall not apply when any of the governing bodies established in article 13 has been aware of the change of ownership of the home or premises by any other means or by conclusive acts of the new owner, or when such transmission is notorious ”.

This paragraph is the one that can lead to doubts. Therefore, it is important to keep in mind that it means “conclusive acts” and “notorious transmission”.

By "conclusive acts" can be understood the fact that someone appears as the appearance as owner and occupant of the house and has been the recipient of notifications and agreements taken by the community (Judgment of the Provincial Court of Salamanca, Sec. 1. ª, 27/2004, of January 29); or that the community has admitted to the Board the new owner (Judgment of the Provincial Court of Valencia, Sec. 8th, 639/2004, of November 15)

Transmission that is notorious can be understood, for example, when the property has been acquired through a public auction (Judgment of the Provincial Court of León, Sec. 1.ª, 76/2005, of March 14); or if the community has taken an action to claim a debt to the new owner, so that, even if the notification by the previous one had not been made, this would show that the community knows who the new owner is so that the claim would not fit to the previous one (Judgment of the Provincial Court of Alicante, Sec. 5.ª, 413/2005, of November 17).

In spite of everything, without any kind of doubts, it is advisable to always make the corresponding notification, as provided in the standard. That way, sure, we will save any problems that might occur in the future.



REDECOR Inmobiliaria y Reformas, is an associate of MLS Elche (Association of Realtors of Elche)