Guide for presidents
Owners in arrears in a Spanish community of owners: how to claim the debt
What the Ley de Propiedad Horizontal (LPH, Spain's Horizontal Property Act) says about residents who don't pay: voting at the owners' meeting, deterrent measures and the order for payment procedure (proceso monitorio), with debt notification and debt certificate templates.
By the Vecinar team · Updated on
What counts as a debt to the community
General expenses according to the owner's share (art. 9.1.e). The community's claims for the fees of the elapsed part of the current year and the three previous years have preference for the purposes of art. 1.923 of the Código Civil (Spanish Civil Code) (art. 9.1.e). Claims accrue interest from when payment is due and not made (art. 21.1).
No vote at the owners' meeting
Owners who, when the meeting starts, are not up to date with all overdue debts, and have neither challenged them in court nor deposited the amount with a court or notary, “may take part in its deliberations but shall have no right to vote”. The minutes record who has lost their vote, and their share does not count towards majorities (art. 15.2). That is why the notice of meeting must include the list of owners in arrears (morosos) and warn that they lose their vote (art. 16.2).
Measures to deter arrears
The owners' meeting can agree deterrent measures, “such as setting interest above the legal rate or temporarily withdrawing the use of services or facilities”, as long as they are not abusive or disproportionate and do not affect habitability. They cannot be retroactive and can be included in the bylaws (art. 21.1).
How to claim the debt: the proceso monitorio
Step 1
Certify the settlement agreement
The owners' meeting agrees the settlement of each owner's debt. Whoever acts as secretary issues the certificate of the agreement, approved by the president, with the amount owed and its breakdown (art. 21.3).
Step 2
Notify the owner of the debt
You must prove the debt was notified to the debtor. As a fallback, this can be done on the community's notice board or in a visible place for at least three days (art. 21.3).
Step 3
File the monitorio application
The initial application can also claim the fees approved up to the notification and the costs and expenses of the claim, which the debtor pays (art. 21.3). The registered owner can be sued for enforcement against the property (art. 21.2).
Step 4
Preventive attachment if there is an objection
If the debtor objects, the community can ask for a preventive attachment of sufficient assets, which the court grants without requiring a bond, although the debtor can lift it by providing guarantees (art. 21.4).
Claims for community expenses can also go to mediation-conciliation or arbitration (art. 21.6). The debtor pays the lawyer's and court representative's (procurador) fees within the limits of art. 394.3 of the Ley de Enjuiciamiento Civil (Spain's Civil Procedure Act) (art. 21.5).
The list of owners in arrears and data protection
The AEPD (Spain's data protection authority) recommends notifying each owner of the debt individually. We explain it, with the cases, in the guide on the community's WhatsApp group.
Downloadable templates
For guidance only: adapt them to your community's bylaws. Fields in square brackets are filled in by hand.
Debt notice template for an owner in arrears
Content required by art. 21.1 and 21.3 of the Ley de Propiedad Horizontal.
NOTICE OF DEBT TO THE COMMUNITY OF OWNERS
Community of owners: [BUILDING NAME AND ADDRESS]
To: [OWNER] — Home or premises: [UNIT]
Address for notices: [ADDRESS GIVEN TO THE COMMUNITY (art. 9.1.h)]
We hereby notify you that, according to the debt settlement resolution adopted by the owners' meeting on [DATE], the following remains unpaid:
[ITEM — PERIOD — AMOUNT]
[ITEM — PERIOD — AMOUNT]
Total owed: [AMOUNT] euros.
Amounts owed to the community accrue interest from the moment payment was due and not made (art. 21.1). [INTEREST AGREED BY THE MEETING, if any.]
We request that you pay the stated amount by [ACCOUNT / PAYMENT METHOD] before [DATE].
If this request is not met, the community may claim the debt through the special payment order procedure (proceso monitorio) for communities of owners (art. 21.2).
In [TOWN], on [DATE].
Approved by the President: [NAME AND SIGNATURE]
The Secretary: [NAME AND SIGNATURE]
Keep proof of this notice: a payment order claim requires showing that the debtor was notified (art. 21.3).
Certificate of the debt settlement resolution template
Content required by art. 21.3 of the Ley de Propiedad Horizontal.
CERTIFICATE OF THE DEBT SETTLEMENT RESOLUTION
Mr/Ms [NAME], as [SECRETARY or SECRETARY-MANAGER] of the community of owners [BUILDING NAME AND ADDRESS],
CERTIFIES:
That the owners' meeting held on [DATE] approved the settlement of the debt owed to the community by [OWNER], owner of the home or premises [UNIT].
Amount owed: [TOTAL AMOUNT] euros, broken down as follows:
[ITEM — PERIOD — AMOUNT]
[ITEM — PERIOD — AMOUNT]
For the record, and for the purposes of a claim through the payment order procedure (art. 21.3 of the Ley de Propiedad Horizontal), I issue this certificate in [TOWN], on [DATE].
The Secretary: [NAME AND SIGNATURE]
Approved by the President: [NAME AND SIGNATURE]
Note: the law does not require the president's signature when the secretary is a secretary-manager with the necessary, legally recognised professional qualification who will not act professionally in the court claim for the debt (art. 21.3).
Get started today
Vecinar doesn't chase debts, but it keeps a record of what is communicated to residents.
- Dated announcements for the whole community, with no lists in WhatsApp groups.
- Minutes and certificates in folders, with access restricted to admins if needed.
- Residents' email and phone number visible only to admins.
Frequently asked questions
What can be done about a resident in arrears?
The owners' meeting can agree measures such as interest above the legal rate or temporarily withdrawing the use of services or facilities, as long as they are not abusive, do not affect habitability, are not retroactive and, if it wishes, are included in the bylaws (art. 21.1).
Can a resident in arrears vote at the owners' meeting?
They can attend and speak, but cannot vote, unless they have challenged the debt in court or deposited the amount owed with a court or notary (art. 15.2).
What documents are needed for the proceso monitorio?
A certificate of the agreement settling the debt, issued by the secretary and approved by the president, with the amount and its breakdown, and the document proving the debtor was notified (art. 21.3).
Is there a template letter to claim from an owner in arrears?
Yes. This guide includes two downloadable templates: the debt notification and the certificate of the settlement agreement. They are for guidance only: adapt them to your community's bylaws.
Sources
- Ley 49/1960, de 21 de julio, sobre propiedad horizontal (texto consolidado, BOE, actualizado el 05/10/2026)
- AEPD: preguntas frecuentes sobre comunidades de propietarios
This guide is for information only and is not legal advice. Check your community's bylaws too. The Ley de Propiedad Horizontal (LPH, Spain's Horizontal Property Act) is national law: in Catalonia, Book Five of the Civil Code of Catalonia applies instead.