The manager does not accept our support fee

Question

The manager does not accept our support fee

Svetlana Shendyapina asks:

We bought an apartment in Bulgaria two years ago. The house has the status of a housing estate. About 80% belongs to a Bulgarian company and is rented out in the summer. During all this time, the manager has not provided any documents for all our requests and refuses to accept the support fee only from us. They asked him many times to take a dachshund, he says then and so on for two years! And he tells the neighbors that we don't pay. What should I do and what is the threat of this situation?

27.11.2024

BULGARIA. Consultation

Property maintenance

Expert answers (4)

Daria Borzova (Oazis Real Estate) · Answer 1 · 2024-12-02T14:05

Hello, Svetlana!

Your situation is truly worrisome, and it is important to take the right steps to protect your interests.

Home status and support fee:
A house with the status of a "housing award" (residential building) assumes the presence of general management and a mandatory support fee for all owners, if this is provided for by the complex management rules. The support fee is usually used to cover general expenses such as cleaning, security, maintenance, and other services. If the house is rented out, then the costs of maintaining the building must be distributed among all owners, including you.

Non-payment of the support fee:
If the manager refuses to collect the support fee from you, despite your requests, this may be a violation of his duties. In some cases, when the support fee is not paid, there may be legal consequences for the owners, for example, the accrual of penalties or restrictions on the use of common parts of the building.

Documents and information:
If the manager does not provide you with documents related to the management's activities (for example, expense reports, calculations for the support fee), this is also a violation. The manager is obliged to provide such information to all owners. You can request these documents in writing and, if necessary, contact the authorities that regulate the activities of management companies in Bulgaria.

Steps that can be taken:

Write an official letter to the manager, demanding to provide all documents related to the management and expenses for the support fee. The letter must be sent by registered mail or through a notary public to ensure receipt.
If the administrator continues to refuse to fulfill his obligations, you can contact the local administration (Community) with a complaint about the actions of the administrator.
If the situation is not resolved at the management level, you may consider filing a lawsuit. In court, you will be able to demand fulfillment of obligations on the part of the management company and respect for legal rights.
What could be the threat of the situation:
If the fee is unpaid and the manager refuses to accept it, then theoretically you may face legal consequences such as:

Accumulation of debt, fines or penalties.
The possibility of restrictions on the use of common parts of the building, if this is stipulated in the contract.
In the worst case, it is possible to hold you accountable in case of violation of the contract.
Recommendation:
For your peace of mind and safety, it is important to establish communication with other owners and, possibly, unite with them to put pressure on the manager in order to resolve issues on a collective level. You can also consult with a lawyer who specializes in the establishment of a residential property in Bulgaria for more precise recommendations on legal actions.

Natalia Zavalishina (Distant Property) · Answer 2 · 2024-11-28T15:27

Good afternoon, you must have a Notarial deed (as proof of ownership) and an agreement with the management company, where the amount of the support fee is prescribed. You can contact your local lawyer with these documents. In addition, the apartment you own must be registered with Bulstat, you must have a number (card), and you must pay taxes using this number. All these documents are proof of your ownership, especially the taxes paid for the apartment for 2 years. If there are no documents, then you need to get them and then this will be the basis for confirming your ownership.

Hristina Mandadzhieva (Yavlena) · Answer 3 · 2024-11-28T12:16

When the property is located in a residential building, in accordance with the Law on Condominiums, at a General Meeting all owners of individual facilities choose a manager and vote on the amount of monthly/annual fees for the maintenance of common parts of the building. The house manager usually receives money in cash (if an individual) or into an account (if it is a management company). He is obliged to provide a book of income and expenses at the annual general meeting.

Olga Shmeleva (Yavlena) · Answer 4 · 2024-11-28T11:14

Hello, Svetlana! If you have not signed a contract with the manager for the support (maintenance) of the common parts of the house, then you do not have to pay anything. If it is an apartment building, then usually the owners themselves at a general meeting determine the maintenance fee under the law on floor ownership. You need to check with your neighbors how much they pay and to whom. If you have any questions, please call me.