What is the statement of debts or certificate of being up to date with the owners' association, who requests it and how much does it cost?

Question

José Manuel Alburquerque · Accepted Answer

It is the document in which the owners' association (the “comunidad de propietarios”) certifies what a flat or commercial premises owes, or that it is up to date with payments. In Catalonia, the seller must provide it at the notary's office and, without it, the deed cannot be signed, unless the seller and the buyer expressly waive it. It is issued by whoever acts as the association's secretary, usually the managing agent. As well as what is owed, it must state any special levies and other expenses already approved that have not yet fallen due. Catalan law does not set a price or a time limit for it, so it is advisable to request it in good time and to ask beforehand how much it costs. What it must say Whether the flat or commercial premises is up to date with payments or how much it owes the owners' association. A “certificado de deuda” (statement of debts) and a “certificado de estar al corriente” (certificate of being up to date) are the same document. The ordinary and extraordinary expenses that the owners' general meeting has already approved and that have not yet fallen due, such as the outstanding instalments of a special levy, which is an extraordinary contribution for works. Also anything approved and not yet due for the reserve fund, the association's compulsory savings for works and unforeseen expenses. That way the buyer knows what lies ahead. The signature of whoever acts as secretary, with the president's approval. That approval is not needed if the association is run by a professional who acts as secretary. It should not be confused with the certificate that the owners' association issues to claim against an owner in arrears in court. Who requests it and when It is requested by the seller, who is the one who has to provide it at the notary's office. If you are buying, ask the seller to apply for it in good time and to show you a copy before signing the deposit agreement (“contrato de arras”), the one signed when the down payment is made. Catalan law does not set a time limit for issuing it, so it is advisable to request it one or two weeks before the signing. In the rest of Spain, the national legislation gives the secretary seven calendar days to issue it. If the seller and the buyer expressly waive the certificate, the deed can be signed without it, but the buyer takes on the risk of any debts that go with the flat. How much it costs No law sets its price or says that it must be free of charge. If the managing agent charges for issuing it, the amount depends on what they have agreed with the owners' association. It is normally paid for by whoever requests it. Ask the price before ordering it.