What are the possible remedies if an undivided co-owner does not pay the common expenses relative to his share?

The undivided co-owners cannot resort to the suspension of the voting right or to the possibility of making the subsequent purchaser responsible for the expenses in lieu and place of the undivided co-owner in default. We can however include in the indivision agreement a solidarity clause between the seller and the purchaser of an undivided share. However, the best way to recover its common expenses is to resort to Small Claims. This means is effective and not much expensive, although it can be long.

It is important to mention that the legal hypothec available to the syndicate of co-owners in the divided co-ownership does not exist for the undivided co-owners. However, the undivided co-owners can grant each other cross-hypothecs or provide in the agreement an alternative means of recovery of unpaid common expenses.