In a society where coexistence is fundamental, the community of owners is an important pillar in the life of the neighbours of a building or housing complex.
Living together in a community of owners is an essential aspect of maintaining a harmonious environment and ensuring the proper functioning of a building or housing complex. However, one of the most common problems that can affect this coexistence is the non-payment of community fees by some owners.
The payment of community fees is essential in order to maintain the common facilities, such as lifts, gardens, leisure areas and communal areas, in optimum condition. These fees are used to cover the cost of maintenance, cleaning, repairs and other services that benefit all residents.
Therefore, when an owner fails to pay their fees, the rest of the community is directly or indirectly affected.
This phenomenon not only affects the economic viability of the community, but also creates tension and conflict between neighbours.
In this article, we will examine the causes and consequences of non-payment of community fees, as well as possible solutions and preventive measures to deal with this problem effectively.
1.- Causes of non-payment of community fees
The non-payment of community fees may be due to various circumstances, such as personal economic difficulties, lack of conscience regarding the responsibilities as owner, disagreements with the management of the community or simply negligence in the fulfilment of obligations.
Whatever the reason, this behaviour has repercussions for the neighbours as a whole and has a negative impact on coexistence and the maintenance of the common facilities.
2.- Consequences of non-payment of community fees
The consequences of non-payment of quotas are numerous and burdensome. On the one hand, it affects the ability of the community to cover the costs of maintenance, cleaning, security and other common services, which can lead to a progressive deterioration of the facilities and, in the long term, to an increase in the cost of repairs and to dissatisfaction on the part of the owners who are fulfilling their obligations.
In extreme cases, the lack of funds resulting from non-payment of assessments can jeopardise the safety and habitability of the building.
In addition, non-payment causes tension between neighbours, creates mistrust and hampers decision-making at owners’ meetings.
3.- Preventing non-payment of community fees
Faced with this problem, it is essential to adopt measures to prevent non-payment of quotas and to deal effectively with situations of arrears.
One of the most important tools is the establishment of an efficient and transparent collection system, which includes:
- 1.- Periodic reminders to delinquent owners,
- 2.- Encouraging communication and active participation of neighbours in the management of the community, promoting transparency of accounts and consensual decision-making. To learn more about decision making, you can visit our article on the subject.
- 3.- The possibility of establishing payment agreements or financing plans,
- 4.- Finally, the application of coercive measures provided for by the law, as a judicial way of recovering debts.
Among these measures, we can establish, by means of a meeting of the owners, that the owners who have not paid the community fees will not be able to enjoy certain services of the community, such as the use of the lift or the swimming pool. As established in the current Horizontal Property Law.
4.- Legal proceedings following non-payment of community fees
If, after all the above measures have been taken, there are still owners who do not pay the community fees, the current Civil Procedure Act establishes two judicial procedures for the recovery of these fees:
a) The Monitorio procedure
b) Ordinary legal proceedings
In order to initiate these procedures, the following must have been done:
- Formally claim the debt from the debtor owner. It is advisable to do this by means of a burofax.
- To have held a meeting at which the debt owed by the owner was established, as well as the legal procedure to be followed, and to have authorised the president of the community to take the necessary steps and to appoint a lawyer and procurator.
In accordance with current legislation, the community can take legal action to recover outstanding debts, such as seizing the debtor’s home or requesting eviction in cases of prolonged non-payment.
In short, non-payment of community fees is an issue that requires the involvement of all neighbours and effective and proactive management by the community’s governing bodies. Only through dialogue, cooperation and mutual respect will it be possible to overcome this problem and guarantee a harmonious and sustainable environment in the long term. It is the responsibility of each owner to contribute to the common good and to care for the common heritage represented by the community of neighbours.
It is important to make all owners aware of the importance of fulfilling their obligations to pay their community fees. The responsibility for maintaining the common facilities in good order is shared by all residents, and non-payment of fees affects the quality of life and well-being of all neighbours. It is essential to promote a culture of responsibility and solidarity in homeowners’ associations by encouraging communication, transparency and cooperation among residents.
With more than twenty years of experience in managing communities of owners, Quikprokuo can advise and help you with any problem in the community of owners, please contact us.
