I can't afford to pay a special levy: what options to review with the homeowners' association

Being unable to pay a special levy does not remove the obligation, but it does open room for negotiation

If you find yourself thinking “I can't afford to pay a special levy”, the first thing is to distinguish between two levels: the obligation to contribute to community expenses and the possibility of agreeing how it is paid. Under the Horizontal Property Act, the general obligation to contribute to common expenses exists for each owner, according to the ownership share or as otherwise expressly established. The legal text also states that resolutions of the homeowners' meeting are enforceable from the closing of the minutes and that the homeowners' association may claim the amounts due through the appropriate route. In other words: there is no automatic right to set aside the special levy because of lack of liquidity.

That does not mean you have no options. You can review whether the resolution was properly approved, whether the expense genuinely applies to you, whether the timetable is reasonable and whether the homeowners' association accepts a voluntary instalment plan. The law itself leaves the meeting room to distribute the special levy and set the terms of payment when it concerns mandatory works. In article 10, the LPH states that certain mandatory works “shall be borne” by the owners and that the meeting is limited to distributing the relevant special levy and determining the terms of its payment. Article 21 also provides that the homeowners' association may claim the debt, which reinforces the importance of acting promptly and not letting the communication pass.

What to check first in the homeowners' association resolution

Before asking for a deferment, it is worth checking whether the special levy has been properly agreed and documented. This allows you to speak with facts and not just from a general financial difficulty.

1. **Read the full minutes of the meeting.** Check which work or expense was approved, whether the amount, allocation and method of payment are clearly identified.

2. **Check whether the special levy arises from mandatory works or an improvement.** A necessary action is not the same as a non-compulsory improvement. In article 17, the law distinguishes mandatory works, improvements and cases with different majority rules.

3. **Verify whether the allocation has been made according to the ownership share or a valid special criterion.** Article 9 establishes that each owner contributes according to their share or as otherwise expressly established.

4. **Check whether the minutes accurately reflect the resolution.** The minutes must contain the resolutions adopted and, from their closing, the resolutions are enforceable.

If you spot any doubts about the resolution, do not improvise. Ask for a copy of the minutes and note down in writing the points you want clarified: date, item, deadline, proposed monthly instalment and consequences of non-payment.

Real options you can put to the homeowners' association

The key is not to “stop paying”, but to **propose a workable way of paying**. These are the practical routes worth reviewing:

1. **Voluntary instalments for the special levy.** You can request to pay in several instalments instead of a single payment. It is not an automatic right, but it is a reasonable request, especially if the homeowners' association does not need the full amount immediately.

2. **Adjustment of the schedule.** Sometimes the association may accept starting a few months later or spreading the debt across more bills.

3. **Immediate partial payment and the rest deferred.** If you can cover part of it, show that. It usually demonstrates good faith and makes agreement easier.

4. **Written request to the administrator or chairperson.** It is advisable to leave a record of your situation and your specific payment proposal.

5. **Raise the matter at the meeting.** If the timetable has not yet been closed, ask for it to be considered. Article 16 allows any owner to request that the meeting study and decide on any issue of interest to the homeowners' association.

One important detail: for accessibility works or other mandatory actions, the law provides specific rules on cost and repercussion, and in some cases the homeowners' association may be obliged to carry out the work even if the annual amount passed on exceeds certain ordinary monthly instalments. But that rule does not mean that an owner can simply stop paying on their own. The correct approach is to ask the homeowners' association to explain what type of work it is and what payment flexibility can be agreed.

How to ask for instalments without harming yourself

If you want to negotiate, do it in an organised way. A verbal request in the stairwell is rarely enough. Better follow these steps:

1. **Explain your situation briefly and clearly.** You do not need to give more information than necessary, but it is sensible to justify that the lack of liquidity is real and temporary.

2. **Suggest a figure and a deadline.** It is more useful to ask to “pay in three monthly instalments” than to ask to “defer it”.

3. **Offer a realistic alternative.** If you can pay a deposit now, offer it.

4. **Request written confirmation.** If the chairperson or administrator agrees, keep a record to avoid misunderstandings.

5. **Keep proof of payment.** Every payment should be capable of being evidenced.

If the homeowners' association does not accept, that does not cancel the debt, but it does help you see the situation clearly and avoid the problem becoming more complicated because of a lack of communication.

Mistakes to avoid

- **Not responding to notices.** Silence worsens relations with the homeowners' association and does not stop the debt.

- **Paying only when you “can” without warning.** If there is no agreement, it may lead to surcharges, claims or even a debt recovery action.

- **Confusing lack of money with a challenge to the resolution.** Financial difficulties do not automatically make the resolution invalid.

- **Thinking that if you do not use a service you do not have to pay.** The LPH states that non-use of a service does not exempt an owner from the corresponding obligations, except as provided by law.

- **Waiting for the debt to grow.** The sooner you propose instalments, the easier it will be to negotiate.

If the special levy is overwhelming you, act before you fall into default

In practice, the best strategy is to combine two routes: check whether the resolution was properly approved and, at the same time, ask for a payment solution adapted to your circumstances. If you need support to assess how to fit that negotiation with the homeowners' association, you can use UBICASA's indicative valuation at /valoracion-vivienda-madrid, which includes a range and PDF report and, if you wish, an optional visit. And if you prefer to set out your case in more detail, you can contact them at /contacto.

UBICASA is at Calle Montesa 29, Madrid, Monday to Friday from 10:00-15:00 and 16:00-19:00.

### What you should remember today

1. The special levy does not disappear because of a lack of liquidity.

2. You can ask for instalments, a revised schedule or partial payment.

3. It is advisable to review the minutes, the type of work and the allocation before negotiating.

4. The homeowners' association may claim the debt if there is no payment.

5. The most prudent response is to act quickly and put everything in writing.

This guide has taken as its basis the regulation of the LPH and its regime of expenses, resolutions and claims, in particular articles 9, 10, 16, 17, 19 and 21 of Law 49/1960, on horizontal property, and the practical information on owners' obligations in homeowners' associations in the Community of Madrid, which reminds us that community fees should be reviewed and that the purchaser is liable, with the property itself, for certain amounts owed by previous owners. Law 49/1960, of 21 July, on horizontal property