Payment of community fees

The Supreme Court (TS) has rejected the appeal from a community of property owners in Castellón that had approved charging 50 cents daily to those who were late in payment of the fees. It thus confirms the annulment of that agreement, which had already been declared by the Provincial Court.

The conflict began with a decision of the board in November 2018 where it was established that any delay in the payment of ordinary or extraordinary fees would generate that surcharge , without the need to previously claim from the owner and until they paid. Several neighbors went to court. Although the court initially sided with the community, the Court of Appeal considered that the amount demanded was excessive .

The annual fee for each parking space was 135 euros, while the surcharge could add up to 182.50 euros in a year, more than the outstanding fee itself. Furthermore, the same amount was charged whether the entire fee was outstanding or only 10 euros were missing. The TS considers it reasonable that the Court of Appeal appreciated that disproportion.

The community argued that it could approve measures to encourage timely payment and that the owner could avoid the surcharge by paying on time. However, the TS distinguishes this agreement, imposed by majority in a meeting, from a negotiated penalty in a contract. That is why it refuses to apply the rules on contractual penalties invoked by the community.

The court does not reject all surcharges for late payment as it admits that they can serve to ensure the payment of common expenses, but they must respect certain limits . It also recalls that the legal reform of 2022 allows deterrent measures that are not abusive or disproportionate, although that reform does not apply retroactively to the agreement of 2018.