What can be done for Kat Maliki who does not pay dues in the apartment?

One of the most common problems in apartment and site management is the lack of timely payment of dues and common expenses.

What can the management do if the owner of a floor does not pay his dues? How long should I wait for enforcement proceedings? Can delay compensation be applied?

The Law on Condominium No. 634 (KMK) grants important powers to the administration in this regard.

Is it mandatory to pay dues?

Yep. The owners of the floors are obliged to participate in the common expenses of the apartment and the advances collected for expenses.

Common expenses such as elevator, cleaning, maintenance, electricity and water expenses of common areas are considered in this scope.

The owner of the floor cannot avoid paying the share of dues and joint expenses, claiming that he does not use the common areas or does not live in the apartment.

This obligation is clearly regulated in Article 20 of the CMO.

When to Initiate Enforcement Proceedings If No Duties Are Paid?

If the owner of the floor does not pay the due dues or joint expense debt, the management can resort to legal means for the collection of what the management will receive.

Common expenses not paid according to Article 20 of the KMK may be sued and enforcement proceedings may be carried out.

There is no general regulation in the law that it is necessary to wait a certain period of time before enforcement proceedings.

For this reason, there is no general KMK rule such as “it is necessary to wait 3 months” or “a warning must necessarily be withdrawn first”.

However, having a written notice indicating which period the debt belongs to and how much it is, can be beneficial for the healthy execution of the process.

Is Delay Compensation Applicable?

If the fee is not paid on time, the owner of the floor may be responsible not only for the main debt, but also for compensation for late payments, which is prescribed by law.

According to Article 20 of the KMC, the owner of the floor who does not pay the share of expenses or advances is obliged to pay delay compensation at the rate of 5% per month for the days of delay in payment.

Therefore, when calculating for arrears, both the principal debt and statutory delay compensation can be taken into account.

Can an Executive Initiate Enforcement Action Alone?

Yep.

In Article 35 of the KMK, the duties of the manager clearly include the conduct of cases and enforcement proceedings against apartment owners who do not fulfill their debts and obligations related to condominium ownership.

Therefore, the administrator can initiate enforcement proceedings for the collection of unpaid dues and joint expenses within the scope of his duties and powers.

is generally not generally necessary to adopt a new board of owners decision in the form of “initiate enforcement proceedings” for each fee debt. But it should also be checked whether there is a different regulation in the management plan.

Is the Tenant Responsible for Duties Debt?

Even if the apartment is rented, the responsibility of the floor owner for common expenses does not disappear.

According to Article 22 of the KMK, the tenant who benefits continuously in the independent part is also, under certain circumstances, jointly with the owner of the floor, jointly and severally liable for the common expenses and advance debt.

Therefore, the responsibility of the owner of the floor must also be taken into account in the collection of the dues-debt, rather than turning only to the tenant.

What Should Management Do for Debt Debt?

It is important that the management follows the process regularly when the debt of dues is formed.

1. Determine the debt: Check which month's dues have not been paid and the amount of the debt.

2. Check the records: Check the decision of the board of owners of the floor or the business project, which is the basis of the amount of dues.

3. Notify the debtor: You can give written notice by clearly stating the amount and period of the debt.

4. Calculate the delay compensation: Take into account the delay compensation of 5% per month under KMK m.20.

5. If payment is not made, apply to the legal way: The manager may apply for enforcement proceedings or litigation under KMK m.20 and m.35.

Conclusion

Allowing dues debts to accumulate for a long time can also increase the burden on other floor owners of the apartment building.

The Law on Condominium allows management to use legal means such as enforcement proceedings and litigation for the collection of unpaid dues and joint expenses.

That is why it is important for administrations to regularly keep track of dues, record payments and, if necessary, start the legal process in a timely manner.

In short: management does not have to wait if dues are not paid. If the debt is not paid at maturity, compensation for delay can be applied if its conditions have occurred and the legal collection process can be initiated.

Note: This content has been prepared for general information purposes. In the concrete case, the management plan, decisions of the board of apartment owners and different legal evaluations may be required according to the nature of the debt.