Recovery of unpaid community fees

Arrears are one of the most common problems in owners' associations. When a neighbour stops paying the regular fees or a special levy, the other owners have to cover the gap so that the community can keep paying for electricity, cleaning, the lift or insurance. If the debt drags on, the problem stops being purely financial and starts to affect relations within the building.

In this guide we explain how a claim for community debt usually unfolds in Catalonia, what is worth preparing before taking action, and when it makes sense to instruct a lawyer who specialises in owners' associations.

A small debt that is not claimed tends to grow month after month. The sooner you act, the easier it is to agree a payment plan and the less the community's finances suffer. In addition, letting time pass may affect the ability to claim certain amounts. In Catalonia, community fees become time-barred after three years: what is not claimed in time may be lost.

Acting methodically also protects the president and the property manager: a well-documented claim avoids arguments at the meeting about how the debt has been handled.

1. Review the debt and the documents

The first step is to know exactly what is owed, since when and for what. To do so we review the community's accounts, the outstanding receipts, the minutes approving budgets and special levies and, where applicable, the bylaws. We also check that the debt was approved and notified as the law requires, because the ability to claim it in court depends on it.

2. Send a formal demand for payment

Before going to court, the usual approach is to notify the owner of the debt in a verifiable way and give them the opportunity to pay. Many claims are resolved at this stage, particularly when the demand is sent by a law firm and makes the consequences of not paying clear.

3. Negotiate a payment plan

When the owner is going through financial difficulties, a written payment schedule may be the most practical solution for the community. We help you propose it and document it so that, if it is breached, the claim can continue without starting from scratch.

4. Court claim

If the owner neither pays nor reaches an agreement, the community can claim the debt in court. This is the payment-order procedure, designed for this type of debt, but it only succeeds if the debt was approved and notified with the formalities the law requires. We prepare the claim, represent the community and follow the proceedings through.

5. Enforcement if the judgment is not complied with

Obtaining a favourable judgment does not always mean being paid straight away. If the debtor does not pay voluntarily, enforcement may be needed. The law allows the debtor's assets to be attached, and the community debt is a preferential claim for which the flat itself is liable.

It is a very common question at owners' meetings: if the owner in arrears sells their home, who is liable for the debt? The answer depends on several factors and should be analysed case by case. In Catalonia, the property stays charged with outstanding fees even when it changes hands, which makes the certificate of debts on a sale essential.

That is why, if you are about to buy a home, it is advisable to ask for a certificate of debts owed to the community before signing. We review it as part of our legal assistance with property purchases and sales.

The property manager is usually the first to spot arrears and keeps control of the accounts. Working with a go-to firm allows them to refer claims quickly, give the meeting clear information and focus on the day-to-day management of their buildings. We keep them informed of the status of each claim so they can pass it on to the owners.

• The meeting resolution approving the settlement of the debt and its certificate, if you already have them.
• Proof that the resolution was notified to the owner.
• A breakdown of the debt: amounts, periods and items (fees, levies, other costs).
• The minutes approving the budgets and levies being claimed.
• The debtor's details and any demands already sent.
• The association's bylaws, if any.

With this information we can make an initial assessment and explain your options. If there is also a disputed resolution in your community, you may be interested in our service on challenging owners' meeting resolutions.