Yes, a community of owners can meet the MASC rule with a confidential binding offer: it offers the owner in arrears a concrete deal in writing, such as a payment plan, and is bound if the owner expressly accepts. If the owner rejects it or does not accept within a month, the requirement counts as met and you can go to court. Two conditions: proof of receipt, date and content, and a lawyer if the debt exceeds €2,000.
If you want the whole route for a community of owners (comunidad de propietarios) chasing unpaid fees (approving the debt at a meeting, notifying it, attempting negotiation and filing), it is in How to claim unpaid community fees in Spain under the MASC rule. This article covers one way of making that attempt: the least used and the one that raises most questions.
What is a confidential binding offer?
Since 3 April 2025, Organic Law 1/2025 has required a prior attempt at an appropriate means of dispute resolution (medio adecuado de solución de controversias, MASC) before you sue. Article 5.1 lists several, including "si se formula una oferta vinculante confidencial" (if a confidential binding offer is made).
Article 17 regulates it in four paragraphs:
- Whoever makes it "queda obligada a cumplir la obligación que asume, una vez que la parte a la que va dirigida la acepta expresamente" (is bound to fulfil the obligation it takes on once the other party expressly accepts). Acceptance "tendrá carácter irrevocable" (is irrevocable).
- The way the offer and the acceptance are sent must leave a record of who made it, that the other side received it, the date of receipt and the content.
- It is confidential "en todo caso" (in all cases).
- If it is rejected, or not expressly accepted "en el plazo de un mes o en cualquier otro plazo mayor" (within one month or any longer period) set by the sender, the offer lapses and the requirement to try a MASC before suing is treated as met.
The difference from an invitation to negotiate is that you are not opening a conversation. You put a finished deal on the table that the owner only has to accept.
Invitation to negotiate or binding offer: at a glance
| Invitation to negotiate (arts. 7 and 10) | Binding offer (art. 17) | |
|---|---|---|
| What you send | A proposal to talk, or an indicative plan | A finished deal |
| Does it bind the community? | No, not until an agreement is signed | Yes, as soon as the owner accepts |
| When the attempt counts as made | 30 calendar days from receipt with no meeting and no written reply | If rejected, or not accepted within a month (or the longer period you set) |
| Lawyer | Not compulsory | Compulsory if the debt exceeds €2,000 |
| What you take to court | A document proving receipt, date and access to the content | Proof of sending and receipt, without mentioning the content |
Does it suit a community of owners?
It works best in three cases:
- Debts of up to €2,000. No lawyer is needed (art. 6.2), so the community can make the offer itself.
- Owners who want to pay, but not all at once. A fixed payment plan can be accepted in one sentence. No meetings, no counter-offers.
- Communities that want a clear timetable. The period is fixed: one month, or longer if you choose.
It suits less if the debt is large (you need a lawyer to make the offer), if the owners' meeting does not want to commit to anything specific, or if you want room to negotiate. In those cases an invitation to negotiate is more flexible.
First, check whether your province requires a MASC at all. As of October 2026 we have found no Supreme Court (Tribunal Supremo) ruling that settles it for fee claims, and the Provincial Courts (Audiencias Provinciales) disagree. Valencia's requires it for the community payment order procedure (monitorio), but considers it "suficiente si en tal acuerdo de liquidación la junta pone de manifiesto su voluntad de alcanzar un acuerdo" (enough if the meeting's resolution approving the debt shows its willingness to reach an agreement). Asturias and Pontevedra do not require it for the monitorio under article 21 of the Horizontal Property Act (Ley de Propiedad Horizontal, LPH): in Asturias the prior demand for payment is enough; in Pontevedra, the certificate approving the debt and proof it was notified to the owner. Each court's position is in the table in our MASC article for communities.
Who signs it, and what should the owners' meeting approve?
The president "ostentará legalmente la representación de la comunidad, en juicio y fuera de él" (legally represents the community, in court and out of it) (LPH, art. 13.3). And a professional secretary-administrator may bring the monitorio claim "si así lo acordare la junta de propietarios" (if the owners' meeting so resolves) (art. 21.2).
The law does not say what the owners' meeting (junta de propietarios) must approve before a payment plan is offered. But the offer binds the community as soon as the owner accepts it, so the safe course is for the same meeting that approves the debt to approve as well:
- the maximum terms that may be offered (number of instalments, whether interest or costs are waived);
- who signs the offer (president or property manager);
- and, if the debt exceeds €2,000, instructing a lawyer.
That resolution also records the meeting's willingness to reach an agreement, which is exactly what the Valencia criterion asks for.
Do you need a lawyer?
It depends on the amount. Article 6.2 says a lawyer is only compulsory "cuando se utilice como medio adecuado de solución de controversias la formulación de una oferta vinculante, excepto cuando la cuantía del asunto controvertido no supere los dos mil euros" (when the MASC used is a binding offer, except where the amount in dispute does not exceed two thousand euros).
- Up to €2,000: the community can make the offer without a lawyer. If either side wants a lawyer anyway, it must say so in the offer or within three days of receiving it, and tell the other side (art. 6.3).
- Over €2,000: the offer must be made with a lawyer. The provision speaks of legal assistance "a las partes" (to the parties) and mentions both making and accepting the offer, so it is worth warning the owner that they may also need one to accept.
The paradox: to file the monitorio itself afterwards you need neither a lawyer nor a court representative (procurador) (Civil Procedure Act, art. 814.2).
What should the offer include?
The law does not set out the content. It only requires "identidad entre el objeto de la negociación y el objeto del litigio" (the subject of the negotiation and of the lawsuit must be the same) (art. 5.1), and a sending method that proves identity, receipt, date and content (art. 17.2). With that and the criteria the courts have published, a solid offer contains:
- Who is offering: the community, its tax number (NIF) and who signs, with their role.
- To whom: the owner and their flat or premises.
- The debt: amount, breakdown and period, and the date of the meeting that approved it. That matches what the LPH asks of the monitorio certificate: "el importe adeudado y su desglose" (the amount owed and its breakdown) (art. 21.3).
- What you offer: number of instalments, amount and date of each, and the bank account.
- The conditions: that the owner keeps paying fees as they fall due, and what happens if an instalment is missed.
- The period to accept: at least one month from receipt.
- How to accept: in writing and expressly, by a method that leaves a record.
- That it is a confidential binding offer under article 17 of Organic Law 1/2025.
You do not have to reduce the debt. The Pontevedra Provincial Court is clear that the requirement does not call for "que se proponga una rebaja o una reducción de la pretensión del actor, ni siquiera una oferta de espera o aplazamiento" (a discount or reduction of the claim, or even an offer to wait or defer). But if you offer nothing, it is no longer a binding offer: it is a demand for payment.
Watch the surcharges. Debts to the community carry interest from the date they were due, and the meeting may adopt measures against arrears, such as interest above the legal rate, as long as they cannot be considered "abusivas o desproporcionadas" (abusive or disproportionate) (LPH, art. 21.1). On 22 September 2026 the Supreme Court upheld the annulment of a surcharge of €0.50 a day on a garage fee of €135 a year, which the Castellón Provincial Court had worked out as interest of 135.18% (STS 1468/2026). In the offer, claim only what was approved and is proportionate. Waiving interest, if the meeting authorises it, is a good incentive to accept.
And what you offer cannot be used later in court: apart from the exceptions it lists, article 9.2 bars the negotiation documents from being produced as evidence. Offering a payment plan does not weaken the claim.
How should you send it so that it counts?
The law names no method. What it requires is that you can prove identity, receipt, date and content. The criteria published by the courts help:
- The Asturias Provincial Court accepts, to prove "la oferta vinculante" (the binding offer), burofax, buromail, buroSMS, registered post with acknowledgement of receipt, and email, SMS or WhatsApp "cuando conste que se haya recibido o haya intervenido un tercero de confianza" (when there is proof of receipt or a trusted third party was involved). It does not accept "las comunicaciones unilaterales no contestadas pese a ser múltiples" (unanswered one-way messages, however many).
- The Pontevedra Provincial Court accepts email when it was agreed, when it is shown to be the usual channel, or when the debtor has already replied from that address.
- The first-instance courts of Alicante accept email agreed as the usual channel or used "con un mínimo de tres intercambios en los seis meses anteriores al conflicto" (with at least three exchanges in the six months before the dispute).
- The Asturias Provincial Court, sitting in Oviedo (Section 4, order 124/2026 of 24 June), admitted a monitorio whose MASC was a confidential binding offer sent by email, because a third party certified delivery and the email went "a la dirección habitualmente utilizada en las relaciones entre las partes" (to the address the parties usually used).
The address matters too. For the community, the owner's address is the one they gave the secretary or, if they gave none, the flat itself (LPH, art. 9.1.h). For the Asturias court, a communication that is refused or not collected counts as received; one not delivered because of an unknown or wrong address does not. We explain this in Burofax refused or not collected and, for email, in MASC by certified email.
If the debt is €600 or less, the law wants the negotiation carried out "preferentemente por medios telemáticos" (preferably by electronic means) (art. 8.2).
What happens if the owner accepts?
The community is bound by what it offered and the owner cannot back out. Put it in writing, signed by both, with each party's identity and address, place and date, and what each one undertakes (art. 12.1 and 12.2).
That agreement is not enforceable on its own. To make it enforceable it must be executed as a notarial deed (escritura pública) or approved by a court where that applies (art. 13.2). Either side can require the other to execute the deed, and the person who asks pays the costs unless agreed otherwise (art. 12.3 and 12.4). For a small debt, weigh whether it is worth it: without a deed, if the owner stops paying, you will have to go to court to enforce the agreement.
And if the owner rejects it or does not reply?
The offer lapses and the community "podrá ejercitar la acción que le corresponda ante el tribunal competente, entendiendo que se ha cumplido el requisito de procedibilidad" (may bring its claim before the competent court, the admissibility requirement being treated as met) (art. 17.4). Three practical points:
- Wait for the full month from the date of receipt on the proof, not from the date you sent it. The Alicante first-instance courts speak of "un plazo de 30 días" (a 30-day period) in their criterion 16; the law says "un mes" (one month). If you let the longer of the two pass, there is nothing to argue about.
- With the monitorio application go the certificate approving the debt and the document proving it was notified to the owner (LPH, art. 21.3), plus proof that you sent the offer and that the owner received it, "sin que pueda hacerse mención a su contenido" (without any mention of its content) (art. 17.4). The offer does not replace the LPH notification: you need both.
- Have the proof of receipt before you file. The Valencia Provincial Court (Section 8, order 187/2026 of 4 May) upheld the rejection of a monitorio because the certificate of the attempts to make contact was dated after the claim was filed.
On the content, courts do not all act alike. The Valencia court says the claimant cannot be asked to produce the offer "dado ser confidencial por ley" (since it is confidential by law) (criterion 4-c), and in order 187/2026 what it requires is proof that the debtor knew of the specific debt being claimed, not the offer. In the Oviedo order, by contrast, the document containing the offer was produced and the court checked that it "se acomoda a la pretensión aquí ejercitada" (matches the claim brought). A useful trick: put the subject in the heading (fees owed for a given flat and period), not the terms. That way the proof of receipt shows the subject without revealing what you offered.
You have one year to file (art. 7.3); the safe course is to count it from receipt of the offer. The MASC deadline calculator works out the year from the date of receipt.
Confidential binding offer template
The template is in Spanish, as it will be sent and used in Spain. Adapt it and have the community's lawyer review it; a lawyer is compulsory if the debt exceeds €2,000.
Asunto: Oferta vinculante confidencial (art. 17 LO 1/2025). Deuda de cuotas de [piso o local], Comunidad de Propietarios [nombre], periodo [desde] a [hasta]
[Lugar y fecha]
De: Comunidad de Propietarios [nombre], NIF [número], representada por [nombre], [presidente/a, o administrador/a autorizado/a por la junta de [fecha]]. [Si la deuda supera 2.000 euros: con la asistencia de [nombre del abogado/a], colegiado/a n.º [número] del Colegio de la Abogacía de [ciudad].]
A: [nombre del propietario/a], propietario/a de [piso o local], en el domicilio que designó a efectos de notificaciones [o, si no designó ninguno: en el propio piso o local].
- Deuda. La junta de propietarios de [fecha] aprobó la liquidación de su deuda con la comunidad, que asciende a [importe] euros: [desglose de cuotas, derramas y periodos]. El acuerdo se le notificó el [fecha].
- Oferta. Para resolver esta controversia sin acudir a los tribunales, la comunidad le ofrece, con carácter vinculante y confidencial conforme al artículo 17 de la Ley Orgánica 1/2025, este acuerdo:
- Usted paga [importe] euros en [número] plazos mensuales de [importe] euros, el día [día] de cada mes, desde [mes y año], por transferencia a la cuenta [IBAN].
- Mientras tanto, paga también las cuotas que vayan venciendo.
- [Si la junta lo aprobó: la comunidad renuncia a los intereses y gastos de reclamación devengados hasta hoy.]
- Si deja de pagar [número] plazos, el resto será exigible de inmediato.
- Plazo. Puede aceptarla hasta el [fecha, como mínimo un mes después de la recepción; deja margen]. Si en ese plazo no la acepta expresamente, o si la rechaza, la oferta decaerá y la comunidad podrá reclamar la deuda judicialmente.
- Cómo aceptar. Por escrito y de forma expresa, respondiendo a [este correo o esta dirección], con su nombre, su DNI y la frase "Acepto la oferta vinculante de la Comunidad de Propietarios [nombre] de fecha [fecha]". La aceptación es irrevocable.
- Abogado. [Hasta 2.000 euros: no es obligatorio. Si desea valerse de abogado, comuníquenoslo en los tres días siguientes a la recepción de esta oferta (art. 6.3 de la Ley Orgánica 1/2025).] [Más de 2.000 euros: le recomendamos que acepte asistido/a de abogado (art. 6.2).]
- Confidencialidad. Esta oferta y su contenido son confidenciales (arts. 9 y 17.3 de la Ley Orgánica 1/2025).
[Firma y cargo]
[Firma del abogado/a, si procede]
In short, the template sets out the debt approved by the meeting, offers a payment plan (with the owner keeping up current fees and the rest falling due if instalments are missed), gives a deadline of at least a month to accept, explains how to accept expressly in writing, covers the lawyer rules in article 6, and states that the offer is confidential.
Mistakes to avoid
- Offering what the meeting has not approved. If the owner accepts, the community is bound.
- An offer over €2,000 without a lawyer. Article 6.2 requires one.
- Filing too early. Count the month from receipt, not from sending.
- Describing the terms in the claim. Article 17.4 forbids it: describe the sending and receipt, not what you offered.
- Forgetting other people liable. If you will also sue the registered owner or the previous owner, the offer must reach each of them. The Valencia, Asturias and Pontevedra courts all say so.
Frequently asked questions
Does the binding offer replace the LPH notice of the debt?
No. The LPH monitorio still needs the certificate approving the debt and the document proving it was notified to the owner (art. 21.3). The offer is the MASC attempt and is separate.
Can I withdraw the offer before it is accepted?
The law only says acceptance is irrevocable (art. 17.1). The Alicante first-instance courts take the view that the sender may revoke it "antes de su aceptación por la otra parte" (before the other side accepts). Once accepted, the community is bound.
Do I need a lawyer if the debt is €1,500?
No. A lawyer is only compulsory for a binding offer when the amount exceeds €2,000 (art. 6.2). If either side wants a lawyer anyway, it must say so in the offer or within three days of receiving it.
How long must I give the owner to accept?
At least one month, or any longer period the community sets (art. 17.4). Put a specific date with some margin, and do not file until a month has passed from the date of receipt.
Can I send it by WhatsApp?
Some Provincial Courts accept it. Asturias accepts WhatsApp where there is proof of receipt or a trusted third party was involved, and Pontevedra where receipt is recorded or a trusted electronic service was used. Without that proof, it is easy to challenge.
If you send offers or invitations to negotiate by email, our Certified email product sends them from the community's or the firm's own domain and records, for each recipient, delivery, opening and download with date, time and IP address, with a SHA-256 fingerprint anyone can check on a public page. Opening is only indicative; the download is the strong evidence. It is not a qualified trust service under eIDAS and it does not replace a burofax: it is electronic evidence that the judge weighs freely if it is disputed.
Sources
- Organic Law 1/2025 of 2 January, arts. 5, 6, 7, 8, 9, 10, 12, 13 and 17.
- Law 49/1960 on Horizontal Property, arts. 9, 13 and 21.
- Civil Procedure Act (Ley de Enjuiciamiento Civil), art. 814.
- Supreme Court, Civil Chamber, judgment 1468/2026 of 22 September (ROJ STS 3785/2026).
- Asturias Provincial Court, Section 4, order 124/2026 of 24 June (ROJ AAP O 594/2026).
- Valencia Provincial Court, Section 8, order 187/2026 of 4 May (ROJ AAP V 451/2026).
- Valencia Provincial Court unified criteria on MASC, 15 June 2026.
- Asturias Provincial Court guidance criteria, 19 November 2025.
- Pontevedra Provincial Court unified criteria, 23 January 2026.
- Criteria of the first-instance courts of Alicante, 4 April 2025.
This article explains the law and published court criteria as of the update date. It is not a substitute for advice from a lawyer on a specific case.