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Furthermore, it is not necessary to bring in lawyers or authorities, although intervention by the former does provide a guarantee. And their fee will be paid by the debtor if the lawsuit is successful, and 99% of the time it is.
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The procedure, known as the admonitory process, is one of the highlights of the last reform of the Law on Horizontal Property. More than 800,000 signatures were behind the initiative that sought the reform. It was the first such grass-roots legislative drive since the constitution was approved in 1978.
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But let's get back to the point. Once the association of homeowners is advised that a resident is behind on their upkeep fees, and efforts to obtain the payment through normal channels of politeness and understanding fail, the association should take the following steps.
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1. The president of the association of homeowners should convene a special meeting whose agenda includes a proposal for members to approve two points: the need to recover the debt of the resident who is behind on payments, and a lawsuit to this effect. This meeting should formally comply with all rules so that the deadbeat resident cannot seek to use a loophole, such as an error in the convening of the special meeting.
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2. By a majority vote the meeting should approve the recovery of the debt (including interest, pre-court expenses and the cost of these procedures). The decision must appear explicitly in the minutes of the meeting of the homeowners association.
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3. No more than three months after the meeting, the president of the association, duly accredited as such, must present the suit and certified minutes of the meeting in the courthouse of the district where the building is located, with no need for a lawyer.
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4. Once the suit is presented the judge has to admit it for consideration.
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5. The judge has 20 days to order the debtor to explain in writing why they believe they don't owe the disputed sum. The judicial order is carried out with all the usual formalities, warning the debtor that if they fail to present their explanation, the judge will automatically act, ordering the money seized.
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6. The person who owes the money can respond in three ways to the judge's order: -�Paying the amount sought by the association, closing the case.� - Declining to appear before the judge or respond in writing to the order. In this case the judge will order the amount of money seized from the debtor, plus the going interest rate increased by two percentage points.�� - Appearing in court but refusing to pay, for whatever his or her� reasons are. In this case the association can ask that the amount be seized preventively, with interests and legal costs. The judge will decree this via an embargo or a bank reference. In other words, whichever side is right, the debtor has to come up with the money.
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At the same time the judge will proceed with oral proceedings. A representative of the association and the debtor must appear, and present evidence and arguments. The trial will lead to a verdict, and the losing side has to pay the legal costs.
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