GIPE Newsletter (Nº 24.160) April, 30th 2025

COMMUNITY OF OWNERS:

SHOULD HAVE CHALLENGED

Owners whose properties, due to their location, do not use certain common elements—something common in the case of commercial premises—may be exempt from assuming their maintenance costs. In this regard, the association’s bylaws provided for the exemption of commercial premises from the expenses of those common services they did not use.

However, the Court has indicated that if the owner of a commercial premises or dwelling disagrees with the way certain expenses have been distributed or with the settlement of a debt approved by the association, they must formally challenge the agreement.

PROPERTY PURCHASE AND SALE:

IT WAS INCLUDED IN THE TRANSFER!

The buyer of a property made a transfer to the seller, including the following in the item: “On account for the purchase of the address (…). Agreed price free of encumbrances. Penitential deposit, Civil Code (…)”. Since a contract was not signed, the question arose as to whether a penitential deposit had been established.

This type of deposit allows either party to withdraw from the agreement: if the buyer withdraws, he/she loses the amount paid; if the seller does, he/she must return double the amount.

However, penitential deposits are exceptional and are only considered valid when clearly and unequivocally agreed upon. For this reason, in this case, it was concluded that this was not a penitential deposit.

BANK HOLIDAY MAY 1, 2025:

We inform you that our office will be closed next Thursday, May 1, and Friday, May 2, 2025.

We will serve you as normal starting Monday, May 5, 2025.

Happy Bank Holiday!

GIPE: Together we will be stronger