The defendant was sentenced in the first instance to pay the late payment surcharge only from the date he acquired the property, but not for the surcharges prior to its acquisition. The Castellón Provincial Court confirmed the application of this time limit.
The contribution obligation contained in article 9.1.e) of the Horizontal Property Law is of a personal nature, which means that those who are in debt simply because they have transferred ownership of the property to a third party will not be disassociated from it.
In other words, the debtor is the person who was the owner at the time the obligation to pay the community expense arose, and it is not admissible to make the purchaser fully liable for the debt since he is not a debtor, since his liability to the community is for a specific period of time "ex lege", and he is liable exclusively for the acquired property. Read more
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