If a member of an owners association fails to pay the service charge to the association by the due date, and the owners association has decided to initiate action under Article 68 of Law 27 of 2017, the Owners Association Manager, or in the case where a manager has not been appointed, the chairman of the board of the owners association,
- shall send an Order to Pay to the defaulting owner, stating:
- the unit number,
- name of the defaulting owner,
- CPR number or Passport number or both,
- amount to be paid [set out the full amount outstanding as at the date of the Order to pay]. If the amount includes any administrative penalty for non-payment this should also be stated,
- copies of the previous notices and reminder notices sent to the defaulting owner,
- any other relevant document proving the non-payment of the amount,
- referring to any previous notices sent before the notice of the Order to Pay.
- The Notice shall require the owner to pay the outstanding amount within 90 days of the date of the Order to Pay. The Order to Pay and the above supporting documents shall be sent to the defaulting owner by registered post,
- In addition, the owners association is encouraged to provide additional notice by email, phone sms message and any other methods of communication. The notice must clearly refer to Law 27 of 2017 and article 68, and also to Resolution 7 of 2018,
- It must also clearly state in the order to pay referred to above that the owner has the right to contest the Order in court,
- If the period of 90 days referred to in the Order to pay has elapsed and no appeal was submitted to the court in that time, the OA Manager or chairman may execute the Order to Pay by visiting the Ministry of Justice Affairs in the Complaints/Cases Section with a request of submitting an “Order to a Petition” ,
- The petition is submitted to the civil court. The petition must state: 1) the subject of the petition; 2) the name of the OAM or Chairman and the name of the OA; 3) the name of the non-payer; 4) the facts of the case (in accordance with article 30 of resolution (7) of 2018; and 5) the request for the Judge to issue and order and for the judge to give the order the effect of a deed of execution. It is advised that this document should be drafted by a lawyer or a person who has legal experience. The documentation listed above must be attached to the document,
- The judge will check if all the conditions of an order to pay were met and accordingly will issue the order,
- OA chairman/manager can then take the order to the execution court and request execution.
*The statement and steps above are provided for guidance and RERA takes no responsibility on the outcome of the process.
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