Time-sharing exploitation

The Supreme Court (SC) has ruled in favor of an owner to whom a community was claiming unpaid community fees in a property under "time-sharing exploitation" (the typical assigned weeks). The community had initiated a monitorio procedure on September 8, 2017 claiming €6, 497. 30 for ordinary and extraordinary fees (with surcharges) accumulated between 2007 and 2014. After the defendant's opposition, the matter proceeded to an ordinary trial. In

first instance and on appeal , the courts ruled in favor of the community, understanding that the deadline to claim was the former 15-year period of the Civil Code. But the SC corrects that criterion by stating that, for this type of periodic fees , the applicable period is the 5-year period of art. 1966. 3 CC, because they are "payments that must be made yearly or in shorter periods ". And it adds something important, it doesn't matter if it's a "normal" community or a time-sharing one, because the ". And adds something important, no matter if we are facing a "normal" community or a timeshare one, because the obligation to contribute to expenses works the same and, in addition, the contract itself referred to the Horizontal Property Law for these obligations.

With these criteria, the SC concludes that when the payment order was filed in September 2017, the fees from 2007 to 2012 had already expired (the deadline had expired on January 31, 2017, because they were paid before January 31 of each year). That is why, out of the €6, 497. 30 claimed, only €1, 696 can be collected, corresponding to 2013 and 2014, plus legal interest from September 8, 2017.

If you find yourself in a similar situation, our professionals can analyze your case and take the most appropriate actions in defense of your rights