One of the most common disputes in properties subject to condominium ownership concerns who is responsible for paying maintenance fees. This issue frequently gives rise to conflicts in practice, particularly in leased independent units, where the allocation of such responsibility is often debated.
Pursuant to Article 20 of the Condominium Law No. 634, the obligation to contribute to the common expenses of the main property primarily rests with the unit owner. In other words, leasing out the property does not eliminate the unit owner’s direct liability for such debts. The apartment management is entitled to claim unpaid maintenance fees directly from the unit owner.
Nevertheless, lease agreements often stipulate that maintenance fees and similar common expenses shall be borne by the tenant. In such cases, the tenant is contractually obliged to make the payment to the unit owner. However, if the tenant fails to fulfill this obligation, the apartment management may still pursue the unit owner for the outstanding amount.
If the unit owner is required to pay maintenance fees that were not paid by the tenant, the owner has the right to recourse against the tenant for reimbursement. Therefore, it is crucial for landlords to carefully draft lease agreements and regularly monitor payments.
In conclusion, although the ultimate liability for maintenance fees lies with the unit owner, the obligation to pay may be contractually assigned to the tenant. However, this arrangement does not release the unit owner from liability vis-à-vis the apartment management.
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