Distinguish ordinary fees, debts and future instalments
A derrama is an additional contribution, often linked to work on the building or shared facilities. A roof repair, lift replacement or pool project can involve several payment dates. Some instalments may already be due, while others fall after completion.
Do not assume that the date the owners voted for the works alone decides who must pay every amount. The nature of the works, the applicable legal rule, the agreement and the dates on which payments become due must be examined together.
What the Horizontal Property Act says
Article 17.11 addresses assessments for improvements already carried out or to be carried out: they are payable by whoever owns the property when the relevant amounts become due. This should not be turned into a blanket answer for every repair, debt or building expense.
The buyer and seller can also agree how to allocate costs between themselves, but their private agreement does not necessarily change the community's rights. A useful contract distinguishes responsibility towards the community from any reimbursement between the parties.
Ask for more than a zero-debt certificate
- The current community debt certificate for the specific property.
- Recent meeting minutes and relevant resolutions approving works.
- The total assessment, instalment calendar and any pending payment demands.
- Information about anticipated work, litigation or proposed financing.
- Separate details for a garage or another community, if applicable.
The statutory certificate and the seller's declaration are important, but a zero current balance does not establish that no future instalments exist. Avoid routinely waiving the certificate. Ask the administrator to clarify an ambiguous resolution before making assumptions about the purchase budget.
Make the agreement workable at completion
Identify each known assessment in the private contract: project, amount, due dates and the agreed allocation. If a retention is negotiated, record who holds it, when it may be released and how actual invoices or balances will be reconciled.
Refresh the information shortly before signing. If a new resolution or unexpected debt appears, seek advice before changing the price or withholding funds unilaterally. Keep the certificate, minutes and contract together so a later disagreement can be assessed against the same documents.
Frequently asked questions
Does being up to date today mean there are no upcoming costs?
No. Approved instalments may become payable after the certificate date. Check the resolutions and payment timetable as well.
Can the seller agree to pay all remaining instalments?
That can be negotiated, but the wording, payment security and effect against the community need review. A verbal assurance is difficult to rely on later.