Living in a house in a condominium isn't always easy - there are rules to follow and various expenses to pay. And now there's a new law that changes the horizontal property regime. Anyone who wants to sell their house must first ask the condominium manager for a declaration stating all the condominium charges and any debts to be paid. This is a mandatory document at the time of the deed. But there are exceptions.
At issue is a PSD bill, presented in March, which amends the horizontal property regime that has existed for more than 20 years. In the meantime, the document went back to committee without a vote and the replacement text drawn up by the Economy, Innovation, Public Works and Housing Committee was approved last Friday, November 19, 2021.
It's a piece of legislation that aims to “facilitate the administration of condominiums, give greater responsibility to the administration of condominiums and make life easier for people who live in condominiums,” said Afonso Oliveira, the vice-chairman of the Social Democrats when he presented the document at the end of March.
But what fundamental changes does this document bring? First of all, it obliges a condominium owner who sells their house to inform the condominium administration by registered mail no later than 15 days before the transaction. And this will ensure that the condominium owner “doesn't disappear completely, as sometimes happens today”.
If there is no communication, the selling condominium owner will be responsible for the cost of identifying the new owner and for the costs incurred by late payment of the condominium fees for the fraction that fall due after the transaction, the document states.
On this point, the final text on responsibilities for condominium charges (Article 1424-A) is clear: “The condominium owner, for the purposes of concluding a contract for the sale of the fraction of which he is the owner, must request from the administrator a written declaration stating the amount of all condominium charges in force in relation to the fraction, specifying their nature, respective amounts and payment deadlines, as well as, if any, existing debts, their nature, amounts, dates of creation and maturity.”
This declaration must be issued by the administrator within a maximum of 10 days and is even a “compulsory instructional document for the deed or authenticated private document for the sale of the fraction in question”, the document also states.
The new bill therefore ensures that someone else takes on the condominium's debts. In the first instance, it will be the seller who takes responsibility for their debts. But the buyer can also be held responsible for them. The document makes it clear that "liability for existing debts is measured according to when the debt should have been settled, unless the purchaser expressly declares (in the deed or in the authenticated private document that certifies the sale of the unit) that he waives the administrator's declaration, and therefore accepts liability for any debt owed by the seller to the condominium".
Once the deal is closed, the text is clear, stating that “any condominium charges, regardless of their nature, which fall due after the transfer of the unit, are the responsibility of the new owner”.
Source:idealistanewws