Buying an apartment with overdue condominium fees can be expensive: the debt does not stay only with the seller, it follows the apartment.
The debt follows the apartment, not the person
The rule is in article 13 of the Ley de Propiedad Horizontal, the Condominium Law (published in the Gaceta Oficial, or Official Gazette, No. 3.241 Extraordinario, on August 18, 1983): the owner's obligation for common expenses "sigue siempre a la propiedad" (always follows the property) of the apartment, even for expenses incurred before the owner acquired it. In practice, that means three things:
The law gives the condominium strong collection tools. Under article 14, the statements or invoices the administrator sends each owner for their fees have executive force (fuerza ejecutiva), and the minutes of owners' meetings and the resolutions recorded in the resolutions book are proof against the defaulting owner, unless proven otherwise, when they are backed by the supporting documents the law requires. Article 15 gives those claims a privilege (priority claim) over the debtor's movable property. And under article 39, an owner who repeatedly fails to comply can be sued to force them to sell their rights, even at public auction, if a meeting of owners representing 75% of the community so decides.
The solvencia de condominio: who issues it and whether the registry asks for it
The Ley de Propiedad Horizontal does not create a document called "solvencia de condominio" (condominium clearance certificate). What it does, in its article 20, is require the administrator to collect the fees, keep the income and expense accounts, keep the supporting receipts and make them available to the owners, keep the owners' meeting book, the board minutes book and the journal (stamped by a notary or a judge), and present an annual report and accounts. The law does not regulate the clearance certificate; when the management company issues one, it should reflect those accounts.
The Ley de Registros y Notarías (Registries and Notaries Law) does not require it. Article 97 of the Ley de Registros y Notarías (Gaceta Oficial No. 6.668 Extraordinario, December 16, 2021) prohibits recording a sale without two documents: the ISLR (income tax) advance payment form and the municipal tax clearance certificate (solvencia de impuestos municipales). The condominium clearance is not on that list. That is why a recorded sale does not prove that the apartment is up to date with the condominium.
In practice, industry guides include it among the papers the seller gathers to sell an apartment under condominium ownership (propiedad horizontal); the RE/MAX Venezuela blog mentions it, for example. Since the law does not require it for registration, asking for it falls to the buyer. The municipal tax clearance, which is mandatory, is explained in this guide.
How to read the condominium account statement
Ask the seller for an account statement issued by the administrator, with a recent cutoff date, and check:
| What appears | What to check |
|---|---|
| Regular fees, month by month | That the percentage charged matches the apartment's alícuota (ownership share) in the documento de condominio (condominium deed) (articles 7, 12 and 26 of the law) |
| Special assessments | The minutes of the meeting that approved them, the total amount, how many installments remain and their dates |
| Interest, fines or surcharges | The law does not set them; ask for the clause in the documento de condominio or the resolution that created them |
| Cutoff date | That it is close to the signing; anything that falls due afterward does not appear |
| Currency or calculation rate | If the amount is in bolívares calculated at a rate, note which rate and as of what date |
| Signature | That it is signed by the current administrator, appointed by the owners' meeting or, if no one was appointed, by a judge (article 19) |
The right to examine the receipts belongs to the owners (article 20). While you are not yet the owner, the most direct route is for the seller to request the documents or authorize the administrator in writing to give them to you.
Special assessments and repairs after the earthquakes
After the earthquakes of June 24, 2026 (magnitudes 7.2 and 7.5 according to the U.S. Geological Survey), some condominiums are discussing repairs and how to pay for them (El Estímulo reports on this, for example). These are the rules in the law that matter to the buyer:
Who pays a special assessment approved before the sale? As far as the condominium is concerned, the obligation follows the apartment (article 13). Between buyer and seller, the law does not say how to split an assessment approved before the sale that falls due after the signing. That has to be put in writing. Ask for the minutes of the meetings held in recent months, and ask whether a structural study is pending or a repair is under discussion that has not yet been voted on.
What to put in the opción de compra-venta
The opción de compra-venta (purchase option agreement) is the contract that precedes the sale, and the Ley de Registros y Notarías (article 75) includes option contracts among the acts to which notaries give public faith. For the condominium, it should state:
The other costs of the transaction are in the closing costs guide.
If the seller disagrees with the amount
It is common for the seller to say that a fee is miscalculated or already paid. Before signing:
If the amount is high or the condominium has already sued, have a lawyer review the case file before signing.
Clarification, 27 October 2026: this guide was first checked against a transcription of the law. It now cites the scanned Gaceta Oficial published by the Asamblea Nacional, which matches the articles cited.