Condo Living

Normally, Common areas' (Playground, lobby, gym, pool area etc) Real Estate tax are paid by the Condo via the collected monthly dues we pay them.

HOWEVER, our BLDG ADMIN neglected to pay this for more than 10 years and had incurred HUGE penalties.

ISSUE1: Now, they are asking all the unit owners to pay the REAL PROP TX of all "common areas" including all the penalties incurred due to their fault.

I am surprised when they informed me that the ADMIN is delinquent in paying its taxes and now am forced to shoulder it.

ISSUE 2: Unlike most Condos where parking lots are given its own titles, our Condo doesn't. We buy parking lots RIGHTS only. Now the parking areas are also subject to REAL ESTATE TX and obligation to PAY the TAX was now transfered to those who purchased the "parking rights".

The BUILDING ADMIN was negligent in paying for more than 10 years and we are to shoulder it.

QUESTION: Now I just want to know any LEGAL REMEDIES available to us because obviously it is unjust and unfair for unit owners to shoulder the GROSS NEGLIGENCE of our admin.

Can I use the small claims court for this? Can I sue?

Thanks a lot!

taki,

there are some matters that have to be clarified and established before one can give you a comprehensive advice on what are your legal remedies.

nevertheless, if the value of your claim does not exceed One Hundred Thousand Pesos (P100,000.00) exclusive of interest and costs, then small claims might be possible.

also, it appears that you have a legal remedy not only with your building administration but also as regards the real estate taxes. this is because there is a prescriptive period for the assessment and collection of this kind of tax under the local government code. this period is 5 years. this means that you may ask your local government to lower the amount that you have to pay if you can show to them your legal basis.

For more free legal information about the matter, you may visit www.domingo-law.com