Step 1: detect and document the non-payment
When an owner stops paying community fees, the property manager must act quickly and methodically. The first step is to document the non-payment: due date, amount, returned direct debits and any prior communication. This documentation will be essential if the case ends up in court.
| Debtor's action | Consequence | Timeframe |
|---|---|---|
| Pays the debt | Process ends, costs charged to debtor | 20 working days |
| Opposes | Small-claims or full trial | 20 working days |
| Does nothing | Enforcement order — direct seizure | Automatic |
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Free demoCan I act against a delinquent owner without a meeting approval?
For the payment-order procedure, you need the meeting's debt certificate. However, you can send certified letters and demands without convening a specific meeting for that purpose.
How much does the payment-order procedure cost?
If the debt is less than €2,000, there are no court fees and no lawyer or court agent is needed. For larger debts, professional fees typically range from 15–25% of the debt, though they can be claimed from the debtor.
Is there a limitation period for community debts?
Yes. Community fees have a 5-year limitation period from when they become due (art. 1966 Civil Code). This is why acting promptly is critical.
What if the delinquent owner sells the flat before the process ends?
The buyer must be informed of the debt. If the sale proceeds, the new owner is liable for debts of the current year and the previous year (art. 9.1.e LPH). The judicial process can continue against the new owner.
Can I freeze the debtor's bank account?
Yes, once the enforcement order is obtained. The court can order the seizure of bank accounts, wages (within legal limits), vehicles and other assets of the debtor.