Debts arising from unpaid common expenses are barred by limitation after five years, provided that no judicial claim or collection request has been filed. The limitation of common expenses is a legal matter and typically constitutes the loss of the right to enforce a debt after the expiration of a specific period. This means that if a person has not initiated legal proceedings to collect the common expenses within the legally prescribed limitation period, they lose the right to claim the debt from the debtor.
The limitation period for owing common expenses is an important issue that requires careful management and adherence to legal deadlines. Every property owner must be informed about the legal framework and limitation periods applicable in their country and take the necessary steps to collect common expenses in a timely manner. Furthermore, communication and cooperation among owners can help prevent problems and disputes regarding debts and the management of common areas.
In certain cases, the limitation period may be interrupted, temporarily or permanently, due to specific actions or events. For example, if the owner files a lawsuit to collect the common expenses, the limitation period is interrupted for the duration of the judicial process. This means that the limitation clock stops and resumes counting once the interruption ends.
Additionally, the limitation period may be suspended in specific circumstances. This occurs when special legislation or court decisions suspend the limitation for a defined period. Such situations may include times of war, states of emergency, or economic crises. In these cases, the limitation period is suspended and does not run until the special period has ended.
In the event of unpaid common expenses, the building manager has the right, following a decision of the General Assembly, to initiate legal actions to recover the debts in order to protect the interests of the condominium and ensure its smooth operation.
