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Debtors in a community complex.

Posted: Sun Oct 26, 2025 12:35pm
27 replies4 members subscribed
hoteldave

Posts: 7

Joined: 18 Mar 2025

Hi All

Im interested in how communitys deal with owners who are behind with there community fees and how other owners are made aware of the situtaion..

1.  Are they named and shamed at the AGM ??

2. If not then how do you know who can vote, as "debtors" are excluded from votiong ??

3. Perhaps your community administrater or President wont divulge this information to owners.

4. I thought the only item kept from owners was individual workers wages as stipulated in the "Horizontal Property Law".

I appreciate any clarification on this matter and how othere communitys deal with it without needing to know the actual community.

Thank You

Dave

4. 

jimbo1234

Posted: Sun Oct 26, 2025 12:39pm

jimbo1234

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Posts: 103

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Location: Cabo Roig

Joined: 3 Sep 2021

Posted: Sun Oct 26, 2025 12:39pm

They are named with amount owed in minutes of my local community AGM

marcliff

Posted: Sun Oct 26, 2025 12:56pm

marcliff

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Posts: 3638

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Location: Rojales

Joined: 5 Jan 2023

Posted: Sun Oct 26, 2025 12:56pm

Same here. We have a list of debtors in the pre AGM notes stating who isn't allowed to vote. At the meeting the admin ticks off the names of those attending and has a debtor mark next to them. These pre AGM notes are sent to all owners showing the amount due.

One community near us put a list on the public notice board showing debtors but were taken to court as a breach of data protection. However, notifying other owners is acceptable if the names are not shown in public. (That's according to our admin). 

Ongoing problems with debtors and takes a long time to chase them up but the new horizontal laws state that, although you can't bar them from their property, you can bar them from using community amenities such as pools and parking.

marcliff

Posted: Sun Oct 26, 2025 1:38pm

marcliff

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Location: Rojales

Joined: 5 Jan 2023

Posted: Sun Oct 26, 2025 1:38pm

As an addenda to the above, it's not actually a "name and shame" notice sent to owners. It is part of the annual notification of expenditure which has to show the payments made, creditors and debtors which will, of course, include the owners who are debtors to the community. All informing us of what has been paid and what is owed.

hoteldave

Posted: Sun Oct 26, 2025 2:17pm

hoteldave

Original Poster

Posts: 7

Joined: 18 Mar 2025

Posted: Sun Oct 26, 2025 2:17pm

marcliff wrote on Sun Oct 26, 2025 1:38pm:

As an addenda to the above, it's not actually a "name and shame" notice sent to owners. It is part of the annual notification of expenditure which has to show the payments made, creditors and debtors which will, of course, include the owners who are debtors to the community. All informing us of w...

...hat has been paid and what is owed.

Hi,

yes its probably how I worded it.  I just meant that as it I believe that identification has to be disclosed to all owners at the AGM that debtors might be embarrased and pay there debts.  I understand that you arent supposed to put a list up for anybody to see.   I think the president will only mention that there are debtors and not who they are and how much is owed as happened last year I want to be ready this year.

Thanks

Dave

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Bee2

Posted: Sun Oct 26, 2025 9:07pm

Bee2

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Location: Torrevieja

Joined: 19 Oct 2019

Posted: Sun Oct 26, 2025 9:07pm

Our Community AGM Minutes lists those owners who owe fees as part of the accounts like others have said. The Minutes also advise what action is being taken to recover the money. Luckily we have only one who owes a couple of hundred the rest are just late with the current fees.  There is also a 5% (I think) late fee surcharge.

Bee

PeterPan

Posted: Mon Oct 27, 2025 8:25am

PeterPan

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Joined: 1 Aug 2020

Posted: Mon Oct 27, 2025 8:25am

hoteldave wrote on Sun Oct 26, 2025 2:17pm:

Hi,

yes its probably how I worded it.  I just meant that as it I believe that identification has to be disclosed to all owners at the AGM that debtors might be embarrased and pay there debts.  I understand that you arent supposed to put a list up for anybody to see.   I think the ...

...president will only mention that there are debtors and not who they are and how much is owed as happened last year I want to be ready this year.

Thanks

Dave

A list of debtors is on the AGM agenda sent out prior to the meeting and also on the minutes of the meeting sent out a week or so after. 

Our admin contact anyone who has missed/forgotten a payment prior to the AGM to ensure that they can be up to date for the AGM. 

aitchc1401

Posted: Mon Oct 27, 2025 9:15am

aitchc1401

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Location: Los Dolses

Joined: 15 Mar 2018

Posted: Mon Oct 27, 2025 9:15am

We generally have less than 5 debtors and all but one of these are usually due to some hiccup in payment. There are rarely, if ever, any repeat "offenders" with one exception being a property owner who stopped paying  several years ago and has since died. The bank now own the property and they never pay the annual fees, which is allowed apparently. We are told that the most the community can recover is 5 years of unpaid debt once the property is eventually sold off.

The debtors and the amounts owed are on the yearly report from the administrators and discussed at the annual owners meeting. Once the meeting agenda goes out ahead of the owners meeting nearly all the debts are settled prior to the meeting. 

Rgds, 

Aitch.

Badger1234

Posted: Mon Oct 27, 2025 11:40am

Badger1234

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Posts: 393

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Location: Los Balcones

Joined: 8 May 2025

Posted: Mon Oct 27, 2025 11:40am

I've joined our Whatsapp community group, after I was told about it by our president.

We received a PDF with details of who voters were and a list of those in default, who as said, can't vote or use the pool etc.

I was shocked. The majority of the community owe money and many owe over 3000 euro!

Quite a few are going to be sued for recovery, at long last, by the look of it. It's a shame, as the fees are really low and some can't have paid for years. The sad part is quite a few of the debtors are obviously BTL companies.

aitchc1401

Posted: Mon Oct 27, 2025 12:04pm

aitchc1401

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Posts: 2476

2608 helpful points

Location: Los Dolses

Joined: 15 Mar 2018

Posted: Mon Oct 27, 2025 12:04pm

Badger1234 wrote on Mon Oct 27, 2025 11:40am:

I've joined our Whatsapp community group, after I was told about it by our president.

We received a PDF with details of who voters were and a list of those in default, who as said, can't vote or use the pool etc.

I was shocked. The majority of the community owe money and many owe over 3000 euro!

Quite a few are going to be sued for recovery, at long last, by the look of it. It's a shame, as the fees are really low and some can't have paid for years. The sad part is quite a few of the debtors are obviously BTL companies.

Wow, I wonder how they can get away with not paying for so many years? Owing 3000plus euro must equal many years unpaid. I would have thought if someone had not paid for say 12 months it would be automatically chased through a legal process. 

I wonder how all the bills get paid if there are such limited revenues coming in from the owners?

BTL - is that buy-to-let?

Rgds,

Aitch.

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