Community Fee Debt Enforcement in Spain in 2026: LPH Article 21, the Proceso Monitorio and How a Comunidad Recovers Unpaid Fees

When an owner in a Spanish comunidad de propietarios stops paying community fees, the community has a fast judicial route that bypasses ordinary litigation: the proceso monitorio under LPH Article 21 and LEC Articles 812 to 818. Since 3 April 2025, however, a new pre-litigation step is mandatory: the community must first attempt a Medio Adecuado de Solucion de Controversias (MASC) under Ley Organica 1/2025 Article 5.1, and courts that skip this step face inadmision. Once the MASC requirement is met, the community presents a certificado de deuda signed by its secretary and president to the court, which issues a payment order with a 20-day deadline. If the debtor does not respond, the court dispatches execution, including embargo of the debtor’s property or income. Community debts also carry legal preference over most other unsecured creditors under LPH Article 9.1.e and Codigo Civil Article 1923, making enforcement more effective than standard debt collection. This guide explains the full enforcement cascade for community presidents, administrators and non-resident owners who face unpaid fees. For what fees owners owe in the first place, see our community fees guide; for how a buyer can inherit these debts, our community debt and property purchase guide.

What legal route does a comunidad use to recover unpaid fees?

The Horizontal Property Law (Ley 49/1960, the LPH) gives communities a dedicated judicial mechanism in Article 21 that is faster than standard debt collection. The comunidad can claim all amounts owed for ordinary or extraordinary general expenses, individualised charges and the reserve fund through the proceso monitorio especial, a special version of the summary payment procedure from the Civil Procedure Act (LEC, Ley 1/2000, Articles 812 to 818).

The process is designed for speed. The community does not need to file a full lawsuit with formal pleadings. Instead, it submits a petition to the court of first instance accompanied by a certificado de deuda, and the court issues a payment requirement directly. The LPH explicitly states that this route is available without prejudice to other judicial procedures the community might choose, so the monitorio is an accelerator, not the only option. Article 21.2 also confirms that the registered owner can be named as defendant so that execution can proceed against the registered property, even if the debtor has changed.

A key provision for professional management: if the junta de propietarios agrees, a professional secretary-administrator can file the judicial claim themselves, removing the need for the community president to act as the legal claimant in every case.

How does the LO 1/2025 MASC requirement change the proceso monitorio for communities?

Since 3 April 2025, a fundamental change has reshaped how communities initiate the proceso monitorio. Ley Organica 1/2025 (BOE-A-2025-76), effective that date, introduced the Medios Adecuados de Solucion de Controversias (MASC) as a mandatory pre-litigation step in civil matters. Article 5.1 of the law configures the prior use of a MASC as a requisito de procedibilidad for the admission of any civil demand. The law expressly excluded the European monitorio from this requirement, but it did not exclude the national monitorio or the special LPH Article 21 procedure for community fee claims. This silence has had major practical consequences.

Courts across Spain have interpreted the gap as meaning the MASC requirement applies to community monitorios. The most significant ruling to date is Auto 260/2025 of the Seccion Sexta of the Audiencia Provincial de Málaga (6 June 2025), which confirmed the inadmision of a community monitorio filed without a prior MASC attempt. The court ruled that the MASC omission is insubsanable: it is a procedural prerequisite, not a curable defect, and the community could not fix it by attempting negotiation after filing. The court also imposed costas on the comunidad under LEC Articles 394 and 398.

The Audiencia Provincial de Barcelona followed the same line in Auto 32/2026 (29 January 2026, ECLI:ES:APB:2026:157A). The case involved a monitorio for EUR 3,129 where the creditor’s lawyer had sent a requerimiento de pago ending with the phrase “Quedo a la espera de sus noticias”. The court held that this generic closing did not constitute a genuine invitation to negotiate and confirmed the inadmision. The ruling clarified that a MASC requires a real invitacion a negociar, with openness to an extrajudicial solution and identity between the subject of the negotiation and the later litigation. A simple payment demand, even one that invites a reply, does not suffice.

The Congreso de los Diputados approved a proposicion no de ley on 13 November 2025 (185 votes in favour, 16 against, 149 abstentions) urging the Government to expand the MASC exceptions to include the juicio monitorio, community fee claims and certain eviction proceedings. As of July 2026 this is a parliamentary recommendation, not enacted law, so the MASC requirement remains binding on community monitorios.

The practical impact on communities has been significant. Fabian Huguet Tous, writing in Cinco Dias on 1 December 2025 as a colegiado administrator, analysed how the MASC requirement dilates timelines and bureaucratises the monitorio: communities must now conduct and document a genuine extrajudicial negotiation attempt, through mediacion, conciliacion, a binding offer or direct negotiation through a lawyer, before they can file. Accepted methods include burofax with certificacion de contenido and acuse de recibo, certified email, formal mediation, conciliation or a notarial acta. A simple requerimiento de pago, a phone call or an untraceable communication does not meet the standard. The colegiado administrator may also take on a new role as mediator or conciliator, given their legal and technical training.

What is the certificado de deuda and who signs it?

The certificado de deuda, or debt certificate, is the document that unlocks the proceso monitorio. Without it, the court will not accept the community’s petition. LPH Article 21.3 sets the requirements precisely.

The certificate must be issued by whoever serves as the community secretary, with the visto bueno (approval signature) of the president. One exception exists: when the secretary is a professionally qualified secretary-administrator with legally recognised credentials who will not participate in the judicial claim, the president’s signature is not required. This exception is designed for communities that employ a professional administrator for management but use a separate legal representative for enforcement.

The certificate must state two things: the total amount owed and its itemised breakdown (desglose). The itemisation matters because the court and the debtor need to see exactly what charges make up the sum. The certificate covers ordinary community fees, extraordinary assessments, individualised charges and reserve fund contributions, all of which Article 21.2 treats equally as recoverable debts.

Alongside the certificate, the community must file proof that the debtor was notified of the debt. The law allows subsidiary notification by posting on the community notice board or a visible location in the building for at least three days if direct notification was not possible. The petition can also include fees that fall due up to the date of the court notification, plus all costs of the claim, including the secretary-administrator’s intervention fees, all charged to the debtor.

How does the court process work, step by step?

The proceso monitorio for community debts follows a structured path set by LPH Article 21 and LEC Articles 812 to 818, now with the added MASC step under LO 1/2025. The table below maps each stage to its legal basis.

Stage	What happens	Legal basis
0. MASC attempt	Community documents a genuine extrajudicial negotiation attempt (mediacion, conciliacion, binding offer or direct negotiation through a lawyer)	LO 1/2025 Art 5.1
1. Petition	Community files petition with certificado de deuda, MASC proof and notification evidence	LPH Art 21.3, LEC Art 814
2. Admission and requirement	Court admits petition, requires debtor to pay or oppose within 20 days	LEC Art 815.1
3a. Debtor pays	Debtor pays the full amount; court archives the case	LEC Art 817
3b. Debtor opposes	Debtor files written opposition within 20 days; case converts to verbal or ordinary trial depending on amount	LEC Art 818
3c. Debtor does nothing	Court terminates monitorio, dispatches execution on community’s request	LEC Art 816.1
4. Execution	Embargo of debtor’s property, income or bank accounts	LEC Art 816.2, LPH Art 21.4
5. Preventive embargo	If debtor opposes, community can request preventive embargo without posting guarantee	LPH Art 21.4

How long does the debtor have to respond?

The debtor has 20 calendar days from the court’s payment requirement to act. This deadline comes from LEC Article 815.1, which states that the court requires the debtor to pay the petitioner, proving payment to the court, or to appear and file written opposition stating the reasons they do not owe all or part of the amount claimed.

For community debt claims specifically, LEC Article 815.2 sets a special notification rule: the court must notify the debtor at the address they previously designated for community matters. If no such address exists, the court attempts notification at the flat or premises itself. Only if both fail does the court resort to edictal notification (public posting), which is the method of last resort.

The 20-day window is the critical fork in the process. If the debtor pays, the court archives the case under LEC Article 817. If the debtor opposes, the case transforms into a verbal trial (for amounts within the verbal jurisdiction threshold) or an ordinary trial (for larger sums), and the standard rules on costs apply, as discussed below. If the debtor neither pays nor appears, the court does not wait: it terminates the monitorio by decree and gives the community the right to demand execution immediately, without the 20-day waiting period that LEC Article 548 would otherwise impose between a judgment and enforcement.

What happens if the debtor opposes the claim?

When the debtor files written opposition within the 20-day window, the proceso monitorio does not end. It converts into a plenary proceedings, the type depending on the amount claimed. LEC Article 818 governs this transition.

If the claim amount falls within the verbal trial threshold, the court converts the case into a juicio verbal. The opposition is sent to the community, which can challenge it in writing within 10 days. The court then gives both parties five days to propose evidence and schedules a hearing.

If the claim exceeds the verbal threshold, the community must file a formal demand within one month of receiving the opposition. Failure to file means the court dismisses the proceedings and orders the community to pay costs. If the demand is filed, the case proceeds as an ordinary trial from that point.

The opposition route has a notable cost risk for the debtor. Under LPH Article 21.5, if the community obtains a judgment fully in its favour, the debtor must pay the community’s lawyer and procurador fees, even if the lawyer was not legally required for the amount in question. This provision makes opposition financially risky when the debt is genuine.

Can the community embargo the debtor’s assets?

Yes, and the LPH gives the community a stronger embargo power than ordinary creditors enjoy. LPH Article 21.4 provides that when the debtor opposes the initial petition, the community can request a preventive embargo of sufficient assets to cover the claimed amount, interest and costs. The court grants this embargo without requiring the community to post a guarantee (caucion), which is a significant advantage over standard preventive measures where the creditor normally must provide security.

The debtor can neutralise the preventive embargo by providing their own guarantee under the procedural law. But until they do, the community holds a court-ordered freeze on the debtor’s assets while the converted trial runs its course.

If the debtor does not respond at all, execution follows under LEC Article 816. The court dispatches execution on the community’s mere request, and enforcement proceeds as it would for a judgment. The court can order embargo of the debtor’s real property, bank accounts, income and other assets. From the moment the execution order is issued, the debt accrues the interest specified in LEC Article 576 (the legal interest rate applicable to judicial execution).

Why do community debts have priority over other creditors?

Community fee debts are not ordinary unsecured claims. LPH Article 9.1.e grants them legal preference that places them ahead of most competing creditors when the debtor’s property is sold or embargoed.

The provision states that community credits for the current annual period’s expired portion and the three preceding calendar years have preferent status for the purposes of Codigo Civil Article 1923, which sets the general ranking of creditor preferences against real property. Specifically, community debts rank ahead of items 3, 4 and 5 of Article 1923, which cover mortgage credits and registered refaccionario loans (item 3), preventively annotated judicial embargoes (item 4) and unregistered refaccionario credits (item 5). The only exception is the salary credit preference under the Workers’ Statute, which retains its own priority.

The practical effect is significant. If a debtor’s property is sold in enforcement proceedings, the community is paid from the proceeds before most unsecured creditors and even before certain registered claims, to the extent of the current year plus three prior years of fees. The property itself is legally affected (afecta) by this obligation, meaning the debt follows the property, not just the person. For a buyer, this is why the certificado de deudas at purchase matters so much: unpaid fees attach to the property and carry priority. For the time limits on claiming these debts, see our community debt prescription guide.

What disuasorias measures can the community adopt first?

Before going to court, the comunidad can adopt internal measures against non-paying owners. LPH Article 21.1 allows the junta de propietarios to agree on disuasorias (deterrent) measures for the duration of the non-payment situation. These can include charging interest above the legal rate and temporarily suspending the debtor’s use of services or installations, provided the measures are not abusive, disproportionate or affect habitability.

These measures cannot be retroactive, meaning they apply from the point the junta agrees them, not backdated to when the debt started. They can be written into the community statutes to make them permanent. The provision also confirms that community credits accrue interest from the moment payment is due and not made, so the debt grows automatically without the community needing a separate court order for interest.

The deterrent measures are a precursor to judicial action, not a replacement. If they fail, the community must satisfy the MASC requirement and then file the proceso monitorio. For the governance framework behind these decisions, see our community governance and voting guide.

Does the debtor pay the community’s legal costs?

Cost allocation in the proceso monitorio for community debts is more favourable to the community than in ordinary litigation. LPH Article 21.5 sets the rules.

If the community uses a lawyer and procurador for the initial monitorio petition, the debtor must pay their fees whether the debtor pays on receiving the court requirement or fails to appear at all. This is subject to the limits in LEC Article 394.3, which caps fee awards when representation was not legally required. The fees include execution costs if the case reaches that stage.

When the debtor opposes and the case converts to a plenary trial, standard cost rules apply. But there is a critical addition: if the community obtains a judgment fully in its favour, the debtor must pay the lawyer and procurador fees from the monitorio phase, even if the lawyer was not preceptivo (legally required) for the amount claimed. This makes opposition to a genuine debt expensive for the losing debtor.

The practical message for a non-paying owner is that the costs of the enforcement process are stacked against them. The community can recover its professional fees, the secretary-administrator’s intervention costs and execution expenses, all charged to the debtor under Article 21.3.

Can community debt claims go to mediation or arbitration?

Yes. LPH Article 21.6 explicitly provides that claims for community fees, the reserve fund or any question related to the obligation to contribute can be resolved through mediacion-conciliacion or arbitration, under the applicable legislation. This route is voluntary and requires both parties to agree to participate.

For communities with chronic non-payers where the monitorio has become a recurring exercise, arbitration can offer a faster and less adversarial resolution. The arbitration award is enforceable in the same way as a court judgment, so the community retains the ability to embargo assets if the debtor fails to comply. Notably, a formal mediation or conciliation attempt can simultaneously satisfy the LO 1/2025 MASC requirement, making it a doubly useful step. For the broader dispute resolution framework, see our community dispute resolution guide.

Worked example: recovering EUR 4,800 in unpaid fees

Consider a comunidad in Marbella where a non-resident owner has not paid community fees for 14 months. The debt stands at EUR 4,800, comprising 12 monthly fees of EUR 350 plus two extraordinary assessments totalling EUR 600.

The community president and secretary issue a certificado de deuda showing the itemised total. Before filing any court petition, the community’s administrator sends a burofax with certificacion de contenido and acuse de recibo to the debtor, inviting them to negotiate a payment plan and giving them 15 days to respond. This documents the MASC attempt required by LO 1/2025 Article 5.1. The debtor does not respond to the burofax.

The community also notifies the debtor of the debt by registered post at their designated community address, but the notification is returned undelivered. The community posts the notification on the building’s notice board for three days as subsidiary notification under Article 21.3.

The community files the monitorio petition at the Juzgado de Primera Instancia, attaching the certificado de deuda, the MASC documentation and the notification evidence. Because this is a community debt claim under LEC Article 812.2.2, the community can choose between the court of the debtor’s domicile and the court where the property is located, under LEC Article 813. The community chooses the local court.

The court admits the petition and issues a payment requirement to the debtor with a 20-day deadline. The debtor does not respond. Under LEC Article 816, the court terminates the monitorio by decree and dispatches execution on the community’s request. The court orders embargo of the debtor’s bank account and, if insufficient, a charge on the property itself.

Because the debt falls within the current year plus three preceding years, the community’s claim is preferent under LPH Article 9.1.e and Codigo Civil Article 1923. If the property is later sold, the community is paid ahead of most unsecured creditors. The debtor also owes the community’s lawyer and procurador fees under Article 21.5, plus the legal interest accruing from the execution order under LEC Article 576.

The total recovery for the community: EUR 4,800 in principal, accrued interest from the due dates under Article 21.1, legal costs under Article 21.5 and the secretary-administrator’s intervention fee under Article 21.3. The process from MASC attempt to execution order can take approximately eight to ten weeks when the debtor does not oppose, compared to six months or more for ordinary litigation. The MASC step adds approximately two to three weeks to the pre-LO 1/2025 timeline.

What should a community president do before filing?

The president, who under LPH Article 13 holds legal representation of the community, should follow a checklist before initiating the proceso monitorio:

1. Confirm the junta has approved the debt liquidation and authorised the claim. The certificado de deuda records the junta’s agreement.
2. Ensure the secretary has issued the certificate with the itemised breakdown and the president’s visto bueno, or that the professional secretary-administrator has issued it without the president’s signature if the exception applies.
3. Notify the debtor formally. Send written notification of the debt by a method that provides proof of receipt. If that fails, post on the community notice board for at least three days.
4. Document a MASC attempt. Send a burofax with certificacion de contenido inviting the debtor to negotiate, or initiate formal mediation or conciliation. Keep proof of sending and receipt. A simple requerimiento de pago is not sufficient under the prevailing judicial interpretation of LO 1/2025.
5. Gather supporting documentation: the budget approval, the junta minutes showing the fee assessment, the debtor’s payment record, the MASC evidence and any prior payment demands.
6. Instruct a lawyer and procurador if the amount or complexity warrants it. Their fees will be charged to the debtor under Article 21.5 if the community succeeds.
7. Consider whether mediation under Article 21.6 is appropriate, particularly for a debtor who disputes the debt in good faith. A formal mediation attempt can simultaneously satisfy the MASC requirement.

The proceso monitorio remains the most efficient judicial tool a comunidad has, but since April 2025 it depends on the MASC step being properly documented and the certificado de deuda being accurate. A defective MASC attempt will cause the court to reject the petition before it even reaches the payment requirement, and a defective certificate or missing notification proof will cause rejection at the petition stage. For the role of the professional administrator in this process, see our community administrator guide.