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A housing community is a form of organization that brings together the owners of premises in a given property, with the aim of efficiently managing the common areas of the building. Its tasks include maintaining the value of these areas and ensuring their safe use. Achieving these goals often involves incurring costs. But what if one of the owners fails to pay the agreed fees?
How does debt collection work for debtors in a housing community?
First of all, it is worth noting that, according to Polish law, a housing community is a so-called defective legal entity – an entity that does not have legal personality but has legal capacity granted by law. Thanks to this, it can independently participate in civil proceedings – both as a plaintiff and a defendant.
According to the Polish Act on the Ownership of Premises, the owner is responsible for the maintenance costs of their premises, is obliged to take care of its condition, comply with house rules, participate in expenses related to the management of common property, and cooperate with other owners for the common good.
Membership in the community entails certain financial obligations. When a property owner fails to pay the agreed fees, the community should initiate debt collection proceedings. These may proceed in stages: first, an attempt at amicable dispute resolution, then court proceedings, and, if necessary, bailiff enforcement.
Stages of debt collection in a housing community in Poland
In a housing community, each flat owner must pay regular fees for the maintenance of the property. If someone does not pay, the community may initiate a debt collection process. This process has three main stages: amicable, judicial and enforcement.
1. Amicable debt collection
At the beginning, the community sends a written reminder with a payment deadline. It is often better if such a reminder is prepared by a law firm – the debtor then sees that the matter is serious. The community may also contact the debtor by telephone or e-mail to try to agree on a new payment schedule.
2. Judicial debt collection
If the debtor still does not pay, the case goes to court. A lawsuit must be filed with a complete set of documents and evidence. The community may also request security for its claims, e.g. a mortgage on the property. Usually, the community uses the services of a solicitor, as court proceedings are complex. The court may also order the debtor to reimburse the costs of the proceedings.
3. Bailiff enforcement
Once a final judgment has been obtained, the community may refer the case to a bailiff. This requires a formal application. It is important to actively support the bailiff, e.g. by identifying the debtor’s assets. However, enforcement is sometimes ineffective if the debtor has no assets or job.
Final measures
If the debts are long-term, the community may demand the forced sale of the flat by auction. This is a very radical solution and requires careful analysis.
Summary
At RPMS Law Firm, we understand that when one owner falls behind on payments, the entire community is affected. That’s why we focus on timely and effective debt recovery. We handle each case at every stage, ensuring a professional approach and minimising the risk of errors for our clients.
