What can the owners' association ban a neighbour in arrears from using: the pool, the lift? Can it cut off their water?
In Catalonia, none of that. The “Código Civil de Cataluña”, the Catalan Civil Code, does not provide for the owners' association (the “comunidad de propietarios”) to penalise an owner in arrears or to deprive them of the use of the swimming pool, the lift or other communal services. In addition, it requires the owner's express consent for any resolution that takes away their use of a common part. Cutting off their water is never allowed and could even be a criminal offence. What the owners' association can do is claim the debt, with interest, in court.
Alburquerque Abogados
José Manuel AlburquerqueWhy it is not allowed
The common parts, such as the swimming pool, the lift or the entrance hall, can be used by all the owners, including one who owes service charges. While they owe money, the Catalan code only takes away their vote at the owners' general meeting and the possibility of challenging its resolutions unless they first pay what they owed or deposit the amount with the court or with a notary. It does not provide for fines or for the withdrawal of services.
A resolution of the general meeting that bars the owner in arrears from using the swimming pool, the lift or another communal facility can be challenged in court, because the law requires the express consent of the owner who is deprived of the use of a common part. Nor is it acceptable to do so indirectly, for example by deactivating their key or remote control. Taking away their use of the lift would be even harder to defend, because they depend on it to get to their home.
In the rest of Spain, since June 2022 the Horizontal Property Act (“Ley de Propiedad Horizontal”) has allowed the general meeting to adopt measures to deter non-payment, such as charging interest above the statutory rate or temporarily depriving the owner in arrears of the use of services or facilities, provided that they are not abusive or disproportionate and never retrospectively. That rule does not exist in Catalonia, although many news reports present it as applying everywhere.
Water, electricity and gas
- Electricity, gas and, usually, water are contracted by each owner with their own supplier. The owners' association has no right at all to cut them off.
- If the water comes through a general meter belonging to the association, cutting it off would leave the home without a basic service. That is not allowed either.
- Cutting off a supply to make someone pay may be the criminal offence of coercion (“coacciones”), which the Spanish Criminal Code (“Código Penal”) punishes more severely when it prevents a person from enjoying their home. In addition, the owners' association would have to restore the supply and pay for any damage caused.
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.