It is very common for there to be a defaulting neighbour in homeowners ' associations who does not pay the fees. However, in some cases, the non-payments may have occurred due to something eventual and the community member in question wants to remedy it, for example, by offering to carry out work for him. Can I pay the community in exchange for work (cleaning, gardening, maintenance)? Let's see what the law says.
Although it is not frequent, it may be the case that a debtor community member proposes to pay the debt by carrying out work for the community of owners, for example, doing maintenance or cleaning tasks. But is it possible?
"The possibility of offsetting a debt with services to the community is regulated by Article 1195 of the Civil Code. According to this precept, set-off is possible when two persons are reciprocally indebted to each other for liquid and enforceable obligations. In the case of the community of owners, the owner's debt is liquid and enforceable, since it is an unpaid fee. For its part, the obligation of the community is to carry out maintenance tasks or necessary works," Fernando Céspedes, property manager at Communal, explains to idealista/news .
Yes, it is possible to pay the community fee or the debts that an owner has with it in exchange for work. "In addition, case law has been admitting the compensation of fees due with the expense of work on common elements (AP Zaragoza, Sec. 4.ª, 594/2001, of October 9, AP Valencia, Sec. 6.ª, 84/2022)," says Fernando.
If the community of owners accepts that a community member pays the fee or debt with work, it is necessary to quantify how much they will compensate. For example, how much two hours of maintenance would you pay? Therefore, "it is important that the community of owners and the owner agree in writing on the terms of the compensation. This agreement must reflect the debt that is going to be compensated, and the amount of the work that is going to be carried out," says Fernando Céspedes.
"Notwithstanding the foregoing, the community of owners, as the owner of the workplace, assumes, in accordance with the provisions of art. 2 RD 171/2004, the condition of 'owner of the workplace', so that these works must be carried out under legal support (either through an employment contract or through a contract for the provision of services -in which case the debtor must be registered in the Special Regime for Self-Employed Workers, and submit the corresponding invoices to the community)", concludes the property administrator.
Not paying the community of owners fee or the spills that arise have legal consequences. If they are not paid, the community can take legal action to recover the money that the neighbor owes. In addition, the defaulter faces fines, late interest, deprivation of the use of various common areas (swimming pool, paddle tennis court, etc.). In some extreme cases, the debtor's property could be seized to be auctioned off in order to recover the debt.
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