How long does the community have to claim?

The statute of limitations for community debts is 5 years from the date each fee fell due (Civil Code Art. 1966.3). The clock resets with any formal demand: certified letter, notarial notice, or filing of the payment-order application. Administrators should audit outstanding debts periodically to avoid losing the right to claim older arrears. IgeraFincas tracks prescription deadlines automatically and alerts the administrator before any debt becomes time-barred.

Cost comparison by debt amount

What if the delinquent owner sells the flat?

Community debt follows the property. The buyer is jointly and severally liable for debts from the current year and the three preceding years (Art. 9.1.e LPH). The notary requests a debt certificate before completion — if there are arrears, the seller must clear them or the buyer must expressly accept them. IgeraFincas generates an up-to-date debt certificate instantly, simplifying the conveyancing process. The community can also pursue the new owner for any debts within that window.

How IgeraFincas supports arrears management

IgeraFincas connects the arrears workflow to each community's document base. Administrators see a centralised dashboard showing which owners are in arrears, how long they have been outstanding, and when the prescription clock expires. Owners can check their balance directly via WhatsApp or the community website widget, cutting calls to the office about debt queries by up to 60%. When a debt exceeds €2,000 and legal representation is needed, IgeraLegal provides automated legal guidance on the next steps under LPH Art. 21.

Frequently asked questions about delinquent owners

Can a delinquent owner attend the meeting even if they cannot vote?

Yes. Art. 15.2 LPH only removes the right to vote, not the right to attend. The delinquent owner may attend, listen and speak, but their votes do not count. They do count towards the quorum calculation.

Can the flat be seized if it already has a mortgage?

Yes. Community debt ranks as a charge on the property (Art. 9.1.e LPH) ahead of charges registered after the title. A mortgage does not prevent seizure for community debt, though in practice enforcing against a mortgaged property requires a full judicial sale process.

Who pays the legal costs?

If the monitorio succeeds, the debtor pays all legal costs (solicitor, court representative, court fees), provided they are included in the claim. Art. 21.6 LPH also allows the prior demand costs (certified letter, notarial notice) to be included in the claim.

Can the delinquent owner contest the payment order?

Yes. If the debtor contests within 20 days, the case converts to an oral hearing (debt <€6,000) or full trial (debt >€6,000). In those proceedings the debtor may argue the amounts are incorrect, the approving meeting was invalid, or the claim has prescribed.

Can the community cut services to a delinquent owner?

No. The LPH does not permit cutting supplies (water, electricity) as a penalty for non-payment. Only the utility provider can cut supply for non-payment of the utility bill. Cutting services as retaliation is unlawful and may expose the community to a liability claim.

Is the MASC mediation attempt mandatory before the monitorio in 2026?

Yes, since 3 April 2025. Ley 1/2025 on the Efficiency of the Public Justice Service requires evidence of an extrajudicial resolution attempt (mediation, conciliation or negotiation) before any civil claim is filed. If the debtor does not attend or no agreement is reached, the community obtains a certificate of failed attempt and can then proceed to court. Skipping this step means the court will reject the application.