The failure of some owners to pay their fees causes problems in property communities, as the cost is passed on to others or reduces the budget for maintenance and services. When a delinquent owner continues to use common facilities, discontent arises, especially in developments with pools, sports courts, or gyms.
The Horizontal Property Law does not allow restricting essential services for habitability, such as elevators or access to the home. However, it does authorize limiting the use of non-essential common services, like the community pool, a measure that can be particularly dissuasive in areas with warm climates like Alicante.
Article 21 of the Law, amended by Law 10/2022, introduces the possibility for the owners' meeting to agree on deterrent measures. These can include the temporary deprivation of the use of services not essential for living in the property, such as pools, sports courts, or gyms.
To implement this measure, the community must approve it in a meeting, record it in the minutes, and respect legal limits. The restriction cannot be abusive or disproportionate and must be lifted when the owner regularizes their debt. The delinquent owner cannot vote in this meeting, although they can attend. The community must document the situation and avoid actions that violate privacy.
The limitation can also affect family members or tenants, as the purpose is to link the enjoyment of the service to the payment of the debt associated with the property. In practice, access control can be challenging, and some communities opt for key systems, cards, or lifeguard control.
In addition to limiting services, the Horizontal Property Law allows for judicial claims of debts through the monitoring procedure. The community can certify the debt and go to court if it is not paid. The reform also contemplates the possibility of establishing non-abusive interest or surcharges to prevent the prolongation of delinquency.
