Delinquent owners in the community: how to record the debt and avoid taking matters into your own hands

When a delinquent owner appears in the community, the problem is not just financial: it is also one of management. If the debt is not properly documented, collection becomes more difficult; if action is taken independently, conflicts, notification errors or even decisions that may later be questionable can arise. The key is to record the debt in an orderly way, keep a note of each step and leave collection in the hands of the community, its president, its secretary or the administrator, as appropriate.

The Ley de Propiedad Horizontal allows the amounts owed to be claimed through the courts and also provides for the community to agree measures against arrears, but always within the limits of the rules and without coercion. In particular, article 21 regulates the claim for the debt and requires documentary support for the payment order procedure; and article 9 reminds us that the owner must contribute to common expenses, that the community’s credit has priority on the legal terms, and that certain notifications can have legal effects if they are properly served. You can review the consolidated text in the BOE of Ley 49/1960.

What must be included when recording a delinquent owner’s debt

The first thing is to separate the neighbour’s complaint from the enforceable debt. It is not enough to know that an owner “does not pay”: you need to identify what is owed, since when and under which head.

1. **Identify the exact item**: ordinary fees, extraordinary assessments, reserve fund or other duly approved common expenses.

2. **Check that the debt is due and payable and definite**: the community must be able to specify the outstanding amount, not a general estimate.

3. **Keep the approval support**: the resolution approving budgets, assessments or accounts must be recorded in the minutes.

4. **Check who holds the representation**: the president represents the community in and out of court; the secretary or the administrator take part in the custody and management of documents, according to their roles.

5. **Record dates and communications**: date of the statement, sending, receipt and, where applicable, subsidiary posting on the notice board or in a visible place.

As a practical guide, it is sensible to open an internal file for the debt with a single filing system. Avoid mixing old receipts, WhatsApp conversations and informal notices without dates. The tidier the file, the easier it will be to prove the debt if it ends up in court proceedings.

Documents worth gathering before making a claim

Article 21 of the LPH requires that the initial application for the payment order procedure be accompanied by a certificate of the resolution liquidating the debt and a document proving that the debt has been notified to the debtor. The provision itself states that the certificate must be issued by whoever performs the duties of secretary with the president’s approval, except for the statutory exception for the professional secretary-administrator who is not going to take part professionally in the court claim. The text also allows the inclusion of fees accruing up to notification of the debt and the expenses and costs of the claim, including those arising from the intervention of the secretary-administrator. Article 21 of the LPH.

Before taking the step, prepare these documents:

1. **Minutes or resolution approving** the accounts, assessment or budget from which the debt arises.

2. **Certificate of debt** with a breakdown of the amount owed.

3. **Proof of notification to the debtor**: burofax, acknowledged delivery, reliable handover or, where applicable, the subsidiary route provided for in the community.

4. **Identification of the owner and, where applicable, the occupant**.

5. **Payment history** to avoid claiming amounts already paid or wrongly allocated.

Practical tip: always check whether the community has correctly stated the address for service and notifications, because article 9 provides for significant legal effects when that communication is not made or cannot be served at the address indicated.

How to avoid taking matters into your own hands and act safely

The most common mistake is to confuse pressure with effectiveness. Cutting off services without legal cover, threatening the neighbour, removing access, changing locks or “warning” them through physical actions can worsen the conflict and does not replace the procedure laid down. If the community wants to respond to arrears, it must do so through valid resolutions and a formal claim.

Recommended steps:

1. **Do not take any physical measures without a resolution and without legal basis**.

2. **Take the matter to the general meeting** if it is necessary to approve the statement, the claim or the management instruction.

3. **Instruct the claim through the professional route** via the president, administrator or secretary-administrator, as appropriate.

4. **Check whether there are statutory or agreed deterrent measures**, provided they are not abusive, disproportionate or affect habitability, and are not retrospective.

5. **Use the special payment order procedure** when the debt is properly documented.

Article 21 also states that the community may claim all amounts owed for common expenses and that, if there is an objection, it may seek a precautionary attachment without security, subject to the applicable procedural rules. In addition, where a solicitor and a court representative are used, the debtor may end up bearing their costs on the terms of the provision itself. That underlines the importance of acting rigorously from the outset and not improvising out-of-court pressure tactics.

Common mistakes when dealing with a delinquent owner

These are the mistakes most worth avoiding:

- **Claiming without a certificate of debt** or with amounts that are not itemised.

- **Failing to prove prior notification** to the debtor.

- **Approving ambiguous resolutions** at the meeting, without making clear what is being claimed.

- **Mixing unapproved items with overdue fees**.

- **Trying to collect by force or informally**, instead of keeping documentary evidence and following the procedure.

- **Forgetting that the delinquent owner may attend the meeting but may not vote**, if the requirements of article 15.2 are met.

It is also worth distinguishing between the debt of the current owner and a debt incurred previously and transferred with the property. Article 9 provides for the legal encumbrance of the flat or premises and liability for certain sums owed within the legal limits. If there has been a recent sale, check the transfer date and the paperwork before directing the claim.

What you can do today if your community has unpaid debts

If you manage a community or are part of its board, the practical route is straightforward:

1. Ask the secretary or administrator to prepare the statement of debt.

2. Check that the minutes or resolution giving rise to the balance were properly adopted.

3. Gather the proof of notification to the debtor.

4. Take the matter to the meeting if approval of the claim is needed.

5. Instruct the formal claim through the relevant procedure, without taking matters into your own hands.

If you need support reviewing the documentary position or organising the file before making a claim, you can use the indicative estimate from online property valuation in Madrid when the debt management is linked to a transfer or the general condition of the property, or contact UBICASA directly at [

/contacto](/contacto).

At the office at Montesa 29, Madrid, we are open Monday to Friday from 10:00 to 15:00 and from 16:00 to 19:00. The idea, in any case, is the same: document properly, notify properly and claim through the professional route, not through pressure or on your own account.