A neighbour is not paying the service charges: what can the owners' association do?

Question

José Manuel Alburquerque · Accepted Answer

Claim the debt from the neighbour, first in writing and, if they do not pay, in court through the “proceso monitorio”, a simple procedure for recovering money debts. Before going to court, the prudent course is to invite them in writing to negotiate, for example on a payment plan, because since 2025 the law generally requires an attempt at negotiation before a claim is brought. While they owe money, they cannot vote at the owners' general meeting, the debt accrues interest and the flat itself is liable for it even if they sell it. What the owners' association (the “comunidad de propietarios”) cannot do in Catalonia is cut them off from services such as water, the lift or the swimming pool. Nor does the “Código Civil de Cataluña”, the Catalan Civil Code, provide for fines for owners in arrears. The steps to recover the debt Claim the debt in writing as soon as the owner stops paying, by a means that leaves a record, such as a “burofax” (a certified letter with proof of content). That way the debt does not build up unchecked and the three-year time limit the owners' association has for claiming each service charge payment is interrupted. Have the owners' general meeting approve the statement of the debt, which is the detailed account of what the owner in arrears owes. At the same meeting, the president or the managing agent is authorised to claim it in court. A simple majority is enough, but the matter must be on the agenda. Invite the owner in writing to negotiate before going to court, with a proposal such as a payment plan. This can be done in the same letter in which payment is demanded. If there is no agreement, file the “monitorio” application with the certificate of the debt, signed by the association's secretary with the president's approval. If the owner in arrears neither pays nor objects, the owners' association can apply for the attachment of their assets, including the flat. What happens while the owner is not paying The debt accrues interest from the day on which each payment was due. Unless the by-laws say otherwise, this is the statutory interest rate, which the State sets each year. They cannot vote at the general meeting, unless they have lodged the amount owed (“consignar”), that is, deposited it with the court or with a notary, or have challenged it in court. They can attend and speak. Their name must appear in the notice of the meeting, in the list of owners who owe service charges. To challenge a resolution of the general meeting, that is, to ask the court to set it aside, they must first pay or lodge whatever they owed when it was passed. The flat itself is liable for whatever is owed for the current year and the previous four years, even if it changes hands. Meanwhile, the association's expenses still have to be paid, so the shortfall is advanced by the other owners. If the debt leaves the owners' association without funds, take advice before approving a special levy to cover it, that is, an extraordinary contribution, because some courts have set aside special levies of that kind. What the association cannot do In Catalonia, the owners' association cannot bar the owner in arrears from using the lift, the swimming pool or other communal services. Nor can it, under any circumstances, cut off their water. The Catalan code does not provide for such measures or for fines for owners in arrears. The national legislation, which applies in the rest of Spain, has allowed some measures of that kind since 2022. That is why many news reports present them as if they applied everywhere. Nor should a list of owners in arrears be put up in the entrance hall for everyone to see.