Community debt and neighbours who don't pay

Terms used

• Derrama — The derrama is a special charge the owners pay, beyond regular fees, to cover works or extra costs.
• Proceso monitorio — The proceso monitorio is a fast court procedure to claim an undisputed money debt.
• Procurador — A procurador is the court representative who files documents for a party in court cases.
• Visto bueno — The visto bueno is the president's approval, required on documents the secretary issues.

Key rules

• Years you answer for: A buyer and the property answer for unpaid community fees of the current year and the three previous years.
• Debt certificate: The community must issue the debt certificate within seven natural days of the request.
• Court claim: A community can claim unpaid fees without a lawyer for amounts up to €2,000.
• Special levies: A levy approved before the sale but due after it falls on the owner at the due date, unless the contract says otherwise between you and the seller.

What you inherit when you buy

The property carries limited liability for arrears. You, as buyer, and the property answer for unpaid community fees of the current year and the three previous years. Older debts stay with the seller only. If you end up paying something that was the seller's, you can seek recovery from them.

How to protect yourself as a buyer

Ask for the debt certificate (certificado de deuda) before the deed is signed. The seller must state in the deed that they are up to date with community payments, or say what they owe, and attach the certificate. The community's secretary issues it with the president's approval (visto bueno). It lists any amounts owed, including those of the current and previous years.

The community must issue it within seven natural days of the request, so ask early. You can waive the certificate in writing, but don't. The notary records whatever position you take.

Then check the contract and the minutes:

• Read the minutes of recent meetings for works or special levies approved before the sale.
• A derrama is a special levy for works. If it was approved before the sale but falls due after it, the community looks to whoever owns the flat on the due date. That is you.
• Between you and the seller, the contract decides. A common clause makes the seller pay the instalments for works approved before the sale date. Otherwise, you can negotiate the price down.
• Without a clause, the arrangement is a private matter, and the community still claims from you.

The decision below helps you choose between these options.

How a community claims unpaid fees

The community can use the proceso monitorio, a fast court claim for unpaid debts.

1. The owners' meeting approves the debt settlement (liquidación) by the required vote of those attending.
2. The community files the claim at the court of first instance where the property is. It attaches the minutes, certified by the secretary with the president's approval. They show the amount and that the debtor was notified.
3. You don't need a lawyer or procurador for claims up to €2,000.
4. The debtor has 20 working days to pay, oppose or appear in court.
5. If the debtor does not respond, the court orders enforcement. The community can also seek an embargo of assets.

Up to €300 of the claim's costs can be charged to the debtor.

What happens to a neighbour in arrears

• They lose their vote at the meeting but can still attend. They get the vote back if they pay in full or deposit the sum in court. Their vote still counts for the quorum.
• The community can charge default interest as set by the statutes or the meeting. If neither sets one, the legal rate applies.
• The community can build a reserve fund to cushion non-payment.
• The debtor's name can appear in the meeting notice and minutes, including on the notice board. Privacy and data protection rules limit anything beyond that, so don't publish names elsewhere.

The checklist, documents and FAQ below cover the practical steps.

Choosing between options

How do you handle a special levy approved before the sale but due after it?

• Lower the price: Fits when you would rather pay the levy yourself: have the price adjusted to cover it.

• Say nothing in the contract: Fits only if you accept paying: the community looks to the owner on the due date, which will be you.

The owner on the date a payment falls due pays the community, so settle in the contract who bears the cost before you sign.

Timeline and deadlines

• The owners' meeting approves the debt settlement by the required vote: before the claim is filed

• The community files the claim at the court of first instance where the property is, with the certified minutes showing the amount and that the debtor was notified: after the meeting approves the settlement

• The debtor pays, opposes or appears in court: within 20 working days of the claim

• The court orders enforcement, and the community can seek an embargo of assets: if the debtor does not respond

Documents you need

• Community debt certificate, issued by the community's secretary with the president's approval, stating any amounts owed for the current year and the three previous years. It must be issued within seven natural days of the request.

• Statement in the deed that the seller is up to date with community payments, or of what they owe, with the certificate attached. The buyer can waive this expressly, and the notary records it.

Checklist

• Ask for a contract clause making the seller pay instalments for works approved before the sale date, or adjusting the price.

• If you are the community, get the meeting to approve the debt settlement before filing a claim.

• If you are the community, attach the secretary's certified minutes showing the amount and the notice to the debtor.

Frequently asked questions

Who pays a special levy approved before the sale but due after it?

You pay it to the community if you own the flat on the date it falls due, even if the works were approved before you bought. The sale contract can make the seller cover those instalments or lower the price, so ask for that clause. Without it, the community still looks to the owner at the due date.

Can I recover from the seller debts older than the years I answer for?

Older debts stay with the seller only, so the community cannot make you pay them. If you have to pay a debt that belongs to the seller, you can then seek recovery from the seller.

Do I need a lawyer to claim a neighbour's unpaid fees?

No, you do not need a lawyer or procurador for a fast court claim of up to €2,000. The community files the petition at the court of first instance where the property is, and the debtor has 20 working days to pay, oppose or appear.

Can a neighbour in arrears still vote at the meeting?

No, a neighbour in arrears loses the vote but can still attend the meeting, unless they pay in full or deposit the sum in court.