Unpaid community fees: what the community can do
A community of owners can recover unpaid fees through a special summary court procedure, and the debt attaches to the property itself for the current year and the three preceding calendar years, so a purchaser can be pursued for a previous owner's arrears.
gelisted editorial team · Updated 15 August 2026
The short version
- The debt follows the property for the current year plus 3 preceding years.
- An owner in arrears loses the right to vote at the meeting.
- The community can recover legal costs from the debtor.
- The arrears certificate is a completion document the seller must provide.
One owner who stops paying does not create a shortfall for the community alone. The other owners cover it in the meantime, which is why the law gives communities a fast route.
The procedure
The meeting approves the balance owed and authorises the president or administrator to claim it. A formal demand is served. If it is not paid, the community files a summary claim supported by the certified resolution. Because the debt is evidenced by the community's own approved accounts, the procedure is quicker than an ordinary claim and can end in an embargo on the unit or on the debtor's other assets.
| Consequence | When it applies | Note |
|---|---|---|
| Loss of voting rights | while in arrears | may still attend |
| Interest on the debt | from the due date | |
| Legal costs recoverable | on a successful claim | |
| Charge on the property | current year plus 3 | binds a purchaser |
| Embargo on the unit | after judgment | |
| Publication of debtors | in the meeting notice | permitted |
| Typical cost of the claim | 500 to 2,000 € | recoverable |
Loss of voting rights
An owner who is not up to date and who has not judicially challenged the debt may attend the meeting but cannot vote. Their quota is deducted when the majorities are calculated. This matters in small communities: 3 owners in arrears in a block of 12 can change which side of a three fifths threshold a resolution falls on.
Exposure for a buyer
The property answers for the fees of the current year and the 3 preceding calendar years. On a unit paying 180 € a month, that is up to 8,640 € a new owner can be required to pay for someone else's default. The protection is simple: the certificate from the administrator, dated close to completion, confirming the position, and a refusal to complete without it.
The seller must provide that certificate and the notary will ask for it, but a buyer can waive it, and waiving it transfers the risk entirely.
If you are the one in arrears
Communities are generally willing to agree a payment plan, and a plan approved at the meeting stops the claim and restores voting rights once payments are current. The costs escalate quickly once a claim is filed, since interest and recoverable legal costs of 500 to 2,000 € are added to the principal. Raising it before the meeting is far cheaper than answering a demand afterwards.
Frequently asked
+How does a community recover unpaid fees?
Through a special summary court procedure supported by the certified resolution approving the balance owed.
+Can I be pursued for a previous owner's debts?
Yes, for the current year and the 3 preceding calendar years, because the debt attaches to the property.
+Do arrears affect voting?
Yes. An owner not up to date may attend but cannot vote, and their quota is deducted from the majorities.
+How do I protect myself as a buyer?
Insist on the administrator's certificate of no arrears dated close to completion, and do not waive it.
+What does a claim cost?
Typically 500 to 2,000 € in legal costs, which are recoverable from the debtor along with interest.
Sources
- 1Boletín Oficial del Estado, BOE (August 2026)
- 2Consejo General del Notariado, Notariado (August 2026)