Claim for fees

The Supreme Court (TS) has resolved a very typical case in neighboring communities when there are unpaid community fees and the community decides to claim not only from the owner of the apartment but also from a company that had taken over the position of “landlord” due to an assignment of the lease contract. In this matter, the community of owners of a building in Madrid claimed unpaid fees from the owning company and also from the assignee of lease rights, with amounts exceeding 10,000 and 13,000 euros.

In first instance , the court acquitted the assignee and only condemned the owner. However, the Provincial Court partially revoked and condemned both companies jointly, understanding that the assignee, by assuming the position of the landlord in the contract, also had to “bear” obligations towards the community.

The TS corrects that idea. It considers that the obligation to pay the common expenses of the community (the fees) is a legal obligation that corresponds exclusively to the owner of the property, according to the Horizontal Property Law. That someone receives by assignment a lease agreement (and subrogates in the rights and obligations of the "landlord" against the tenant) does not mean that it becomes the owner nor that it assumes the obligations of the owner towards the community. They are two different planes, since the rental contract goes, on one hand; the obligations to the community, on the other.

That is why the TS estimates the appeal of the assignee, annuls the joint condemnation and confirms that the one who must pay those fees is only the owner, not the assignee of the contract.