Building unit sale contract - main questions about the (in)transferability of condominium debts to the buyer

Filipa Isabel Ribeiro Moreira Azevedo

Keywords

Building unit sale contract; horizontal property; condominium; condominium members; condominium fees; obligation propter rem.

Abstract

The purpose of the elaboration of this research work entitled “Building unit sale contract - main questions about the (in)transferability of condominium debts to the buyer”, is the analysis of the main issues related to transmission or non-transmission of the condominium debts to the buyer under a building unit sale contract.

This matter remains very controversial in Portugal and has already been subject to review in Spain, where it is necessary to have a declaration of non-debt issued by the condominium administration, to be exhibited at the time of formalization of the building unit sale contract. In fact, it is common knowledge that a torrent of executive actions against condominium members is pending due to non-payment of condominium fees, either ordinary or extraordinary. In this way, it is the responsibility of the condominium administration to collect it judicially. For this purpose it was a crucial question to understand who are the legal debtors and therefore who should be sued in these actions. This calls for an exact research of responsibilities as well as a legislative change alongside that which has taken place in Spain.