Date Published: 07/10/2024

Community of owners: Ways you can get out of paying your community fees in Spain

There are several situations in which a person may be released from their obligation to pay community fees in their Spanish comunidad

In the management of buildings and neighbourhood communities, community expenses play a fundamental role in maintaining the operation and good condition of the facilities, be it an urbanisation or an apartment building. These expenses cover a wide range of services and responsibilities, from elevator maintenance to construction work.

Community expenses are distributed according to the participation fee of each apartment or premises. This fee is determined based on the value of the property and is established in accordance with the Horizontal Property Law. Payments are made in monthly instalments and the owner is always responsible for paying them, even if the apartment is rented and the tenant is obliged to assume them according to the rental contract.

However, there are various circumstances that can lead a community member not to pay their dues, explain the community administration experts Heniam. These circumstances can be divided into two groups: those who want to pay, but cannot, and those who can pay, but choose not to.

Establishment of rules in the statutes

Some communities of owners may establish specific rules in their Statutes that grant certain exemptions or reductions in community fee payments. These exemptions can vary and may apply to landlords with particular circumstances, such as those who own ground-floor businesses in a building or those who do not use certain common amenities.

Owners of premises in the building

In some communities, owners of commercial premises within the building may be exempt from paying certain community fees that relate to residential services and common areas. This measure is intended to reflect the difference in the use and benefit that these owners obtain from shared facilities.

Discrepancies and justified claims

If an owner has justified discrepancies regarding the distribution of the community fee or believes that he or she is being charged incorrectly, he or she may seek to resolve the situation through a legal process or negotiation with the community. If the calculation of the fee is proven to be in error, the corresponding payment may be waived or reduced.

Situations of forced non-payment

At times, homeowners may find themselves in adverse financial situations due to factors such as unemployment, lack of financial education, or temporary financial difficulties. In these cases, some owners may request a temporary exemption or a moratorium on payment of the community fee until their situation improves.

Legal or judicial options

If a property owner believes that they are being charged unfairly or that their circumstances exempt them from payment, they may resort to legal procedures to resolve the situation. In some cases, a judge can determine whether the fee waiver is valid.

What happens in case of non-payment

In the event of non-payment, the protocol to address the situation includes calling a General Meeting of the Community, communicating the payment requirement to the defaulting owner and, ultimately, perhaps even taking legal measures to recover the debt.

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