When an owner stops paying the community fees, the other neighbours must either cover their share or give up on works and services. That is why Spanish law gives communities of owners a specific, fast route to recover these debts. If the steps are followed correctly, the claim usually ends in payment or in the seizure of the flat itself.
At MH & MG Abogados we advise communities of owners and property managers in Barcelona and Roses (Girona). Here is how it works in Catalonia.
1. Approve the debt at a meeting
The first step is for the owners’ meeting to approve the statement of the debt owed by the defaulting owner, detailing the fees and amounts, and to resolve to take legal action if it is not paid. The resolution must be notified to the owner in debt at the address on record with the community or, if that is not possible, in the manner provided by law.
2. The debt certificate
Based on the resolution, the secretary issues a certificate of the debt countersigned by the president. It is the key document in the claim: it proves what is owed, since when, and that the meeting approved it.
3. Prior attempt to negotiate
Since April 2025, Organic Law 1/2025 requires an attempt at out-of-court settlement (MASC) before filing a claim. Many courts also apply it to community payment-order claims, so we recommend always sending the defaulting owner a formal invitation to negotiate, by burofax or another reliable means, and keeping proof of it. It is often enough to get the neighbour to pay or agree a payment schedule.
4. The payment order procedure
If the owner still does not pay, the community files a payment order application (monitorio) with the resolution, the certificate and proof of the notifications. No lawyer or court representative is needed for the initial application, although they are if the debtor objects and the debt exceeds €2,000.
The court orders the owner to pay or object. If they do nothing, an order is issued and the case moves to enforcement: seizure of bank accounts, salary or the flat itself. If they object, the case is decided in verbal proceedings (up to €15,000) or ordinary proceedings.
5. The property is liable for the debt
The property remains charged with payment of the fees, even if it changes hands, for the period set by the Catalan Civil Code. Community claims also have payment priority. That is why it is so important for anyone buying a flat to request a certificate of debts with the community first (we explain this in our article on buying property with a lawyer).
Do not wait too long
Community debts become time-barred, and in Catalonia it is debated whether the period for periodic fees is three years or the general ten years. To avoid any risk, the sensible approach is to claim as soon as several fees are unpaid. The sooner you act, the easier it is to collect.
We help you collect
At MH & MG Abogados we prepare the resolutions and certificates, send the demand and invitation to negotiate, file the payment order and follow the enforcement through to payment, working closely with the property manager. Find out more on our communities of owners page.
Book an in-person or online appointment in Barcelona (+34 93 368 32 02) or Roses (+34 972 15 24 32), via WhatsApp (+34 653 964 658) or through our contact page. We will give you a no-obligation quote.