Owners in arrears in a Spanish community of owners: how to claim the debt

General expenses according to the owner's share (art. 9.1.e). The community's claims for the fees of the elapsed part of the current year and the three previous years have preference for the purposes of art. 1.923 of the Código Civil (Spanish Civil Code) (art. 9.1.e). Claims accrue interest from when payment is due and not made (art. 21.1).

Owners who, when the meeting starts, are not up to date with all overdue debts, and have neither challenged them in court nor deposited the amount with a court or notary, “may take part in its deliberations but shall have no right to vote”. The minutes record who has lost their vote, and their share does not count towards majorities (art. 15.2). That is why the notice of meeting must include the list of owners in arrears (morosos) and warn that they lose their vote (art. 16.2).

The owners' meeting can agree deterrent measures, “such as setting interest above the legal rate or temporarily withdrawing the use of services or facilities”, as long as they are not abusive or disproportionate and do not affect habitability. They cannot be retroactive and can be included in the bylaws (art. 21.1).

1. Step 1

   Certify the settlement agreement

   The owners' meeting agrees the settlement of each owner's debt. Whoever acts as secretary issues the certificate of the agreement, approved by the president, with the amount owed and its breakdown (art. 21.3).

2. Step 2

   Notify the owner of the debt

   You must prove the debt was notified to the debtor. As a fallback, this can be done on the community's notice board or in a visible place for at least three days (art. 21.3).

3. Step 3

   File the monitorio application

   The initial application can also claim the fees approved up to the notification and the costs and expenses of the claim, which the debtor pays (art. 21.3). The registered owner can be sued for enforcement against the property (art. 21.2).

4. Step 4

   Preventive attachment if there is an objection

   If the debtor objects, the community can ask for a preventive attachment of sufficient assets, which the court grants without requiring a bond, although the debtor can lift it by providing guarantees (art. 21.4).

Claims for community expenses can also go to mediation-conciliation or arbitration (art. 21.6). The debtor pays the lawyer's and court representative's (procurador) fees within the limits of art. 394.3 of the Ley de Enjuiciamiento Civil (Spain's Civil Procedure Act) (art. 21.5).

The AEPD (Spain's data protection authority) recommends notifying each owner of the debt individually. We explain it, with the cases, in the guide on the community's WhatsApp group.