Articles producció científica> Dret Privat, Processal i Financer

Condominiums facing delinquency: stringent remedies from a comparative perspective

  • Datos identificativos

    Identificador: imarina:9322002
    Autores:
    Simon-Moreno, Hector
    Resumen:
    PurposeWith the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of the Urban Agenda, the present study aims to analyse the most stringent and controversial measures available for the community of owners facing delinquency from a comparative perspective. Design/methodology/approachThe present work addresses the recent legislative amendments that have taken place at national level in this field in several countries and analyses to what extent they have addressed the delinquency problem faced by community of owners. FindingsThe current paper shows that, in the end, legal certainty, the prospective legal and economic effects on mortgage lending and constitutional concerns are the underlying reasons behind the reluctance to implement some stringent measures to face delinquency. It also shows that recent amendments concerning alternative dispute resolution mechanisms are a missed opportunity. Social implicationsCommunity of owners plays a key role in cities for the achievement of the Urban Agenda, so the periodical contributions from co-owners are paramount to the proper implementation of urban regeneration, energy efficiency and accessibility policies. To this end, the paper analyses existing regulations that are applicable to community of owners facing delinquency, which may increase in the coming years due to the current socioeconomic context. Originality/valueThis paper builds on existing research and goes one step further by addressing the recent legislative amendments that have taken place recently at national level in this field. These measures may serve as an inspiration to other EU legal systems.
  • Otros:

    Autor según el artículo: Simon-Moreno, Hector;
    Departamento: Dret Privat, Processal i Financer
    Autor/es de la URV: Simon Moreno, Héctor
    Palabras clave: Urban agenda Neighborhoods Multi-unit buildings Legal remedies Housing policies Defaulting homeowners Condominiums
    Resumen: PurposeWith the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of the Urban Agenda, the present study aims to analyse the most stringent and controversial measures available for the community of owners facing delinquency from a comparative perspective. Design/methodology/approachThe present work addresses the recent legislative amendments that have taken place at national level in this field in several countries and analyses to what extent they have addressed the delinquency problem faced by community of owners. FindingsThe current paper shows that, in the end, legal certainty, the prospective legal and economic effects on mortgage lending and constitutional concerns are the underlying reasons behind the reluctance to implement some stringent measures to face delinquency. It also shows that recent amendments concerning alternative dispute resolution mechanisms are a missed opportunity. Social implicationsCommunity of owners plays a key role in cities for the achievement of the Urban Agenda, so the periodical contributions from co-owners are paramount to the proper implementation of urban regeneration, energy efficiency and accessibility policies. To this end, the paper analyses existing regulations that are applicable to community of owners facing delinquency, which may increase in the coming years due to the current socioeconomic context. Originality/valueThis paper builds on existing research and goes one step further by addressing the recent legislative amendments that have taken place recently at national level in this field. These measures may serve as an inspiration to other EU legal systems.
    Áreas temáticas: Urban studies Management, monitoring, policy and law Law Dret
    Acceso a la licencia de uso: https://creativecommons.org/licenses/by/3.0/es/
    Direcció de correo del autor: hector.simon@urv.cat
    Identificador del autor: 0000-0002-6022-7464
    Fecha de alta del registro: 2024-08-03
    Versión del articulo depositado: info:eu-repo/semantics/publishedVersion
    Enlace a la fuente original: https://www.emerald.com/insight/content/doi/10.1108/JPPEL-02-2023-0008/full/html
    URL Documento de licencia: https://repositori.urv.cat/ca/proteccio-de-dades/
    Referencia al articulo segun fuente origial: Journal Of Property, Planning And Environmental Law.
    Referencia de l'ítem segons les normes APA: Simon-Moreno, Hector; (2023). Condominiums facing delinquency: stringent remedies from a comparative perspective. Journal Of Property, Planning And Environmental Law, (), -. DOI: 10.1108/JPPEL-02-2023-0008
    DOI del artículo: 10.1108/JPPEL-02-2023-0008
    Entidad: Universitat Rovira i Virgili
    Año de publicación de la revista: 2023
    Tipo de publicación: Journal Publications
  • Palabras clave:

    Law,Management, Monitoring, Policy and Law,Urban Studies
    Urban agenda
    Neighborhoods
    Multi-unit buildings
    Legal remedies
    Housing policies
    Defaulting homeowners
    Condominiums
    Urban studies
    Management, monitoring, policy and law
    Law
    Dret
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