- ErardoErardo is an experienced English-speaking lawyer in Lanzarote. For over 10 years he has provided expert legal advice to English-speakers in matters relating to Property Law & Conveyances, Contract Law, Business Formation, Negligence and Family Law.
Each property owner, by virtue of being an owner, and from the moment that, upon acquiring a home or commercial property in the relevant building or urbanisation the owner becomes part of the horizontal property regulations, the obligation to pay the common costs arises, “…it not being the case that failure to make use of any service provides exemption from the corresponding obligation,” (Article 9.2 Ley Propiedad Horizontal)
Therefore, the fact that a particular common service is not used, does not remove the obligation to pay for the supply of the service, for example, the use of a lift. Accordingly, any individual decision, for example non-use of a property does not relieve the property owner of the obligation to pay their proportion of the property management fee in full. Likewise where the service functions poorly, the obligation continues to exist, the correct response being to demand that the service functions as it should.
Where a property is being sold to a new owner, the debtor responsible for making the payment of any outstanding property management fees is the owner at such time as the obligation to pay the bill arises. As a result, while the the Community of Owners may take action against the current owner of the property, the liability, subjective and moveable, remains with the original owner-debtor.
In addition, from the provisions contained in Articles 9.1 e) and 21 of the LPH (Horizontal Property Law) it can be stated that the liability of each owner to contribute to the joint costs of the community of owners does not cease, once they have arisen, for the simple fact of transmitting the property to a third party.
The current owner, who was not around at the time that the original obligation to pay the community fees arose, shall have their liability for prior debts accrued limited in terms of the amount that they must pay, equivalent to the the costs related to the previous three years (until the reforms in this area of the law brought about by Law 08/2013, the limit had been one year) as well as any debt accrued in the current year to date; qualitatively, the new owner’s liability is limited to the property located in the urbanisation in which the debt was accrued, and cannot attach to any other properties that they own. It is clear that this double restriction on the extent of the debt transmitted may be justified on the basis that, despite the transfer of the title to the property, there is a continuing liability on the part of the previous owner.
As a result of the above, in the case of debts owed by the owner of a property to the Community of Owners, the property in the particular urbanisation may potentially be seized to repay the debts.
Below is a list of recent reviews received from our clients, obtained via the Wufoo client survey platform:
- Vicky S, UKTuesday, April 17, 2018Alvaro answered my emails and all my questions efficiently and helped me were I did not understand through the whole process of moving the tenant and selling the property and arranging and introducing... an estate agent.
He has exceeded my expectations after being let down by previous lawyers in Spain when its been a very traumatic time for me.
- Pernilla, LondonFriday, April 13, 2018We had excellent service from Esther at Advocate Abroad when buying a property in Las Palmas, Gran Canaria.
Esther speaks both Spanish and English, and is very friendly, professional and genuine. ...She took care of the whole purchasing process and explained all the steps for us, including giving advice on Spanish bank account, NIE numbers etc.
We are very pleased with all the help we have received and can highly recommend Esther. Thank you so much!
- David Pratt, Alhaurin del GrandeFriday, April 13, 2018Alvaro gives me confidence that he understands the issue and gives me practical solutions. He works rapidly and efficiently. I would strongly recommend his services.
- ESP, LondonWednesday, March 28, 2018Cristina was extremely helpful, she couldn't have done more. Her English is sufficient and I would definitely recommend her to friend.
- L Marshall, LondonWednesday, March 28, 2018Rosa was excellent. Very efficient and professional.
Responsive and always available. Extremely helpful - we did not understand the process and she guided us through.
We would not hesitate to ...recommend her.
- Phil Loughton, Las Lagunas de MijasTuesday, March 20, 2018Alvaro was extremely helpful and the simple process I needed managed was dealt with quickly and efficiently. I would certainly recommend him to friends.
- John Burchell, Arroyo De la MielTuesday, March 20, 2018Alvaro was very professional, helpful and friendly. Understood things quickly. Explained things well in English. Very easy to contact at any time.
- A. Kavanagh, GlasgowThursday, March 15, 2018Miguel provided a great service and fully explained to me about the procedures with tax & business registration. My emails and questions where always answered straight away with an immediate response ...or solution.
Very helpful and very friendly I would definitely recommend to anyone considering using Advocate Abroad
- Robert Davies, MallorcaMonday, March 12, 2018Very supportive and clear on producing a suitable divorce settlement. Efficient, understanding and professional.
- A.Kavanagh, GlasgowFriday, March 09, 2018Rosa was exceptional at helping me setting up my business abroad.
This was a big move for me and Rosa fully explained everything to me in detail so I had a full and clear understanding of the lega...l side of things as well as always promptly responding to any emails or questions I had.
I couldn’t of asked for a better lawyer and I would 100% recommend Rosa to anyone who is deciding to move abroad.
Great service could not be happier.
- Adam Clark, TenerifeFriday, March 09, 2018Oliver was very professional. He explained things very clearly and honestly at all times and in the end we got the best result possible in my particular case.
Many thanks to him for his high level ...of service.
- Patrick Martel, CanadaWednesday, March 07, 2018For being in another country and all our back and forth communicating over emails .. I thought Rosa did a brilliant job. Thankfully she was able to help where no one else was willing ..
- Robert Scott, UKWednesday, March 07, 2018First class service. Rosa's professionalism, advice and patience were all exemplary! Keep up the good work. Will certainly recommend the service to friends!
- Martina, PlymouthMonday, March 05, 2018Erardo was fantastic and helped immensely during a very difficult situation.
He consulted with my lawyer in the UK and explained to her what needed done. Without him the situation would not have be...en resolved. He was very understanding and I would have no hesitation whatsoever in recommending him. Outstanding.
- M Pearce, MarbellaMonday, March 05, 2018Miguel was extremely helpful, he couldn't have done more:
Always kept us updated on the progress of our purchase
Always responded to emails in a professional and timely manner
Always explained to... our understanding all aspects of the legalities about the purchase
Very approachable,courteous and professional
So much better to deal with than UK property lawyers!
- Tony, LondonWednesday, February 28, 2018The service I received from nada was very helpful.
The tasks were completed to the highest standard and would definitely use her services again in the future. All correspondence was received in a ...very timely manner. Highly recommended.
- Holly, LanzaroteFriday, February 23, 2018The divorce process could have been explained more clearly and accurately so that a more realistic time for completion can be attained.
- Julia Alcock, Puerto Rico, Gran CanariaThursday, February 22, 2018Esther was very friendly and approachable. She was professional and answered any questions I asked. We would definitely use her again in the future.
- Tamara Malcolm, MallorcaTuesday, February 20, 2018Rosa was and is extremely knowledgeable and helpful. Her advice was excellent and i will definitely be using her expertise again in the future.
- Nick Nicolaou, OviedoTuesday, February 20, 2018Very Satisfied with Miguel's work. He was very helpful and we would definitely use his services again in the future.
- Gavin Jones, UKMonday, February 19, 2018It was a real pleasure to have Miguel working on my behalf to file my non-resident taxes. He was extremely helpful, gave reassuring advice and I had a high level of confidence in the transactions.
...Miguel is now acting as my fiscal representative in Spain and I plan to continue to use his firm's services for all my tax requirements.
- Martin Hickey, BenidormSunday, February 18, 2018Very friendly and knowledgeable and professional.
Juan explained the plus and the negatives on various subjects and allowed us to make up our own mind.
I have already recommended him to our fri...ends.
- Andrew Bullen, UKFriday, February 16, 2018Rosa was very professional at all times when dealing with me. Her English was second to none and she always kept me informed of progress via email promptly.
I wouldn't hesitate to use Rosa in the ...future for any legal issues I have.
- Tamara Reeves, AustraliaThursday, February 15, 2018Anna was very knowledgeable and had prior experience dealing with English clients. She spent a lot of time explaining information and I was never rushed.
I have continued to use Anna since my firs...t meeting as I trust her judgement and know that she will look after my best interests.
- Ali Hashemi, AlicanteWednesday, February 14, 2018Rafael was extremely helpful, accommodating and understanding. He couldn't have done more.
- Alan W T Duguid, Montserrat, ValenciaWednesday, February 14, 2018Ramon was very helpful and answered my questions and explained the legal process that I was enquiring about.
I would liked to have seen a follow up email detailing what was discussed to ensure that... my understanding and recollection of the meeting was completely correct.
- Keith Round, La Herradura, SpainMonday, February 12, 2018The advice provided was clear, easy to follow and allowed me to secure the required documentation from the Spanish Authorities quickly.
Rosa was very proactive in following up when I was delayed in... providing inputs and always delay with any questions promptly.
I would not hesitate to recommend Rosa to friends and colleagues and I would use her again in the future
- GWE, IrelandThursday, February 08, 2018My lawyer Nada was extremely effective to make the case and get a result!
- Chris Jones, CambrilsTuesday, February 06, 2018Regardless of the situation Emma, looked for the best possible way to assist under the circumstances. Emma was very approachable and professional.
- Richard Quick, EsteponaSunday, February 04, 2018I was particularly impressed by Miguel's approachability & professionalism, excellent service!