This aid is clearly designed to push communities to undertake more ambitious renovations
The Supreme Court has confirmed that homeowners associations in Spain will no longer be able to legally claim unpaid fees if more than five years have passed without taking any legal action to recover them. This ruling represents a major shift for thousands of property owners and directly impacts one of the most common conflicts in residential buildings across the country.
The decision stems from a case in Madrid, where a community association sought to recover nearly €6,500 in unpaid fees from two residents, covering debts incurred between 2007 and 2014. However, the High Court applied the statute of limitations established after the reform of Law 42/2015, determining that only debts from the last five years can be legally demanded. In practice, this means older fees are extinguished if the association has not filed a formal claim within that period. In this specific case, the judges only considered debts from 2013 and 2014 as valid, reducing the amount payable to €1,696 plus interest. The remaining €4,800 was voided due to the expiration of the limitation period.
This ruling further reinforces the interpretation of Article 9 of the Horizontal Property Law, which requires all owners to contribute to the building’s common expenses but sets time limits for claiming unpaid amounts. Legal experts stress that the statute of limitations does not apply automatically—it must be raised by the owner during the judicial process.
Nevertheless, the Supreme Court’s decision sends a clear message to homeowners associations: delaying claims can permanently forfeit the right to collect. The ruling highlights the need for timely action to avoid losing legal recourse.
