An owner will not pay building charges: recovering the debt

A manager can seek enforcement of unpaid obligations under an owners’ resolution, but must establish the legal basis and amount owed by the particular person. A general list of building debtors does not replace a resolution, due date and calculation.

Prepare the claim before collecting it

Check the minutes, allocation method, notification and period. Different expenses may follow different allocation rules; owners, users and occupants do not necessarily owe identical amounts. Record partial payments and ownership changes rather than automatically passing the entire historical balance to a purchaser.

Article 38 links performance to the period set in the resolution or, if none is specified, 14 days after notification under Article 16(7). A payment demand can clarify the dispute, but cannot repair a defective resolution or calculation.

A payment order does not eliminate a dispute

Following non-performance, the manager may apply under Article 410 of the Civil Procedure Code, enclosing a copy of the resolution. The debtor has procedural rights to object; litigation may then be necessary within the court’s directions and deadlines. Signed minutes alone do not guarantee immediate recovery.

Actual collection also depends on an enforceable instrument, costs and available assets. The manager does not acquire a right to block access, change locks or seize belongings as a substitute for lawful enforcement.