How to Claim a Debt from a Defaulting Owner in Spain: The Monitorio Process Step by Step

## How to Claim a Debt from a Defaulting Owner in Spain: The Monitorio Process Step by Step Arrears in homeowners associations are one of the most common and damaging problems in community management. **Article 21 of the LPH** establishes a specific procedure — the **monitorio process** — designed to claim community debts quickly and cost-effectively. --- ### Step 1: Certify the Debt at the AGM The community must certify the defaulting owner's debt at an AGM: approved by simple majority, with the secretary-administrator issuing a **debt certificate** signed by the president and secretary-administrator. --- ### Step 2: Notify the Defaulting Owner Before going to court, the certified debt must be formally notified to the owner — preferably by **burofax with delivery confirmation**. --- ### Step 3: File the Monitorio Claim If the owner doesn't pay, the community can file the claim at the **Court of First Instance** (Juzgado de Primera Instancia) where the property is located. - Debt **under €2,000**: no lawyer or procurator needed. - Debt **over €2,000**: lawyer and procurator required. --- ### Step 4: Court Issues Payment Order The debtor has **20 working days** to pay, contest or do nothing. If nothing happens, the court issues an enforcement order. --- ### Step 5: Enforcement and Seizure The community can request **seizure of assets**, including the flat itself. The community's credit is a **preferential claim** over the property (art. 9.1.e LPH). --- ### Can the Community Cut Off Common Services to Defaulters? No — this is not permitted under the LPH. However, a defaulting owner may be **excluded from voting** at the AGM while the debt remains (art. 15.2 LPH). --- *IgeraFincas automatically detects unpaid fees, sends reminders and generates debt reports for the AGM. [Request demo →](/igerafincas)*