What to do if a neighbour does not pay his community fees?
Delinquency in a community of owners is not just a question of numbers; it is a risk that affects the financial stability of the building and the harmony between neighbours. A single default may seem insignificant, but when debts accumulate, maintenance, repairs and basic services are compromised. In areas such as Alicante, where many properties have communal facilities and a high turnover of owners, payment control becomes a priority.
Acting quickly and within the legal framework is essential to prevent the debt from growing and becoming a chronic conflict. Having an administrator who is familiar with legal proceedings and knows how to mediate in these cases is the best defence against late payment.
How to deal with non-payment in the community?
The first step should always be a friendly attempt: talk to the landlord, inform him of the non-payment and offer to regularise the situation. Sometimes it is a simple oversight or a one-off difficulty that can be resolved with a payment agreement.
If there is no response, the community must follow the process set out in the Horizontal Property Law. This protocol provides legal tools to claim the debt without the initial need to go to a complex trial. The payment order procedure is the most direct and efficient way.
Stages of the complaints process
- Debt certificationThe administrator issues a certificate stating the amount due, signed by the secretary and countersigned by the president.
- Agreement at a meetingThe following is approved: a legal claim for non-payment at an owners' meeting, including this item on the agenda.
- LawsuitThe order for payment procedure, which does not require a lawyer or solicitor for amounts of less than 2,000 euros, is initiated.
What are the consequences of being a defaulter?
A neighbour who does not pay his fees loses certain rights: he cannot vote in the meetings and is exposed to surcharges, interest and even the seizure of his home or property if he does not respond to the judicial claim. In addition, the rest of the neighbours end up indirectly assuming their share of the common expenses.
In Alicante, where some properties are rented or are second homes, the management of these cases requires legal rigour and consistency in communication. It is essential to send reliable notifications and not let the debt accumulate without response.
Can a trial be avoided?
Legal action should always be the last option. In many cases, a direct conversation or a proposal for deferred payment can solve the problem without the need for conflict. The administrator plays a key role here as an intermediary, preventing the matter from becoming a personal confrontation between neighbours.
However, if the debtor persists in his refusal or disappears without a trace, the community should not hesitate to activate legal proceedings. The order for payment procedure is fast, efficient and allows the debt to be recovered with judicial backing.
Tips to prevent non-payment in the community
Prevention starts with clear and transparent management. Keeping neighbours informed, sending payment reminders and acting promptly at the first non-payment helps to create a culture of shared responsibility.
Having a professional administrator, such as those managed by TCO Fincas, ensures that the financial control of the community is in expert hands. In this way, neighbours can live with the peace of mind of knowing that, if anyone fails to meet their obligations, there will be a clear plan for action without unnecessary delay or conflict.