How many years does the owners' association have to claim service charges in Catalonia?
Three years for each payment, counted from the day it was due. That is the time limit the “Código Civil de Cataluña”, the Catalan Civil Code, sets for periodic payments, such as monthly or quarterly service charges. The time limit is interrupted and starts again from scratch when the owners' association (the “comunidad de propietarios”) claims the debt in writing or in court, or when the owner in arrears acknowledges it. The fact that the flat itself is liable for what is owed for the previous four years does not, in principle, give more time to claim. Outside Catalonia, the time limit is five years.
Alburquerque Abogados
José Manuel AlburquerqueHow it is counted
Each payment has its own time limit, which starts on the day it falls due. For example, the payment that fell due on 1 February 2024 can be claimed until 1 February 2027. If the owners' association does nothing, the oldest payments gradually become time-barred, that is, they can no longer be claimed.
The time limit starts again, with three full years, with any of the following:
- A written claim to the owner in arrears that leaves a record of the date and content, such as a “burofax” (a certified letter with proof of content). The letter inviting them to negotiate before going to court also counts, if it claims the debt.
- A claim in court, including one under the “proceso monitorio”, the simple procedure for recovering money debts.
- The owner in arrears acknowledging the debt, for example by signing a payment plan.
Special levies and the flat
- A special levy, which is an extraordinary contribution, is not a periodic payment if it is paid in one go, so it could be subject to the general ten-year time limit, but this is not clear. If it is paid in instalments, it is not clear either whether each instalment counts as a periodic payment. The prudent course is to claim it within three years of each due date.
- The flat itself is liable for what is owed for the current year and the previous four years, even if it changes hands. That does not extend the time limit for claiming. If a payment has become time-barred, in principle it cannot be recovered from the flat either.
The practical approach is to claim the whole outstanding debt in writing at least once a year and to go to court without leaving it until the last moment.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.