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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4055
Experience:  Solicitor
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I am the Director of a UK company that manages a complex in

Customer Question

I am the Director of a UK company that manages a complex in Bulgaria and collects payments from the owners to cover the maintenance of the communal areas and pay the staff employed at the complex.
Some of the owners are Bulgarian and some are English.
Q- can action be taken against UK owners in the small claims Court for non payment of maintenance in relation to the property in Bulgaria ?
Submitted: 8 months ago.
Category: Law
Expert:  Jamie-Law replied 8 months ago.

Hello my name is ***** ***** I will help you.

Which country is the agreement governed by?

Customer: replied 8 months ago.
Condiminium Law covers holiday apartments in Bulgaria - although the law was designed for rental property and the maintenance fees for example covering a block of flats - it is not strictly fit for purpose for holiday apartments.Within the spirit of the Act a General Meeting was held in Bulgaria and the maintenance payment fees were agreed by the required majority of owners.It is impossible to force owners to pay their maintenance fees in Bulgaria so we are looking at enforcing payments against UK owners using small claims process - I am aware there is a similar process for small claims under EU regulations
Expert:  Jamie-Law replied 8 months ago.

You need to write and set out your losses and request a refund of the fees within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

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