In apartment buildings, it is common for residents to neglect condo fee payments for years, only to later receive a court demand for eight or ten years of accumulated debt. Many assume they are obligated to pay the full amount; however, the law establishes a clear time limit beyond which such claims cannot be enforced.
Under Armenian civil legislation, the general statute of limitations is three years. Since condo fees are periodic monthly payments, the limitation period is calculated separately for each month. This means the older portion of a ten-year debt falls outside the statute of limitations, and only the amount for the last three years can be recovered through the courts.
The most critical detail is that the court applies the statute of limitations exclusively upon the defendant's request. If a citizen does not appear in court or fails to submit an application before the verdict is reached, the court will authorize the collection of the full ten-year debt. Furthermore, once the limitation period for the principal debt expires, any accrued interest and penalties are also extinguished.
One must be cautious, as the statute of limitations can be interrupted and reset. Making partial payments, acknowledging the debt in writing, or signing a repayment schedule resets the clock. A condo association may also apply for a payment order, to which the defendant has two weeks to file a written objection. If no objection is filed within two weeks, the order attains the status of a final, legally binding judgment.
Most residents adopt a passive stance upon receiving a court notice or rush to make a small payment in hopes of buying time. In reality, these actions strip them of legal protection, as partial payment resets the limitation period, while failing to appear in court leads to the seizure of the entire amount.
In such situations, filing a written objection or an application to invoke the statute of limitations within the two-week timeframe is decisive. In disputes with condo associations, a citizen's active participation is the only way to avoid the unlawful collection of debts dating back many years.
