Demand letter for unpaid community fees in Spain after the 2025 MASC law: what it must say, where to send it and a template

Yes, the community still has to notify the debt to the owner before filing a payment order claim: Article 21 of the Horizontal Property Act requires it. But since Organic Law 1/2025, a letter that only says "pay" may not be enough, because in some provinces the courts also want an attempt to negotiate. The safe route is one letter that notifies the approved debt, proposes a payment plan, expressly invites the owner to negotiate and arrives with proof of receipt.

If you want the whole route for a community of owners (comunidad de propietarios) chasing 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 the demand letter to the owner in arrears: what it is today, when it is enough, what it must say, which address it goes to, when the noticeboard works, and a template that serves both as the legal notice and as an invitation to negotiate.

What is the community's prior demand for payment?

It is the letter in which the community tells the owner what the owners' meeting (junta de propietarios) has approved as owed, and asks them to pay. Without it there is no payment order procedure (proceso monitorio). Article 21.3 of the Horizontal Property Act (Ley de Propiedad Horizontal, LPH) requires two documents with the claim:

1. A certificate of the meeting's decision approving the statement of the debt, issued by the secretary with the president's approval (unless the secretary is a professional administrator who will not act in the claim). It must show "el importe adeudado y su desglose" (the amount owed and its breakdown).
2. "El documento acreditativo en el que conste haberse notificado al deudor" (the document proving that the debtor has been notified).

That second document is what everyone calls the prior demand for payment (requerimiento previo de pago). The name comes from the earlier wording of Article 21, in force from 2001 to June 2022, which let the community add "los gastos del requerimiento previo de pago" (the costs of the prior demand for payment) to the claim. Law 10/2022 rewrote the article: it now talks about notifying the debt and lets the claim include "todos los gastos y costes que conlleve la reclamación de la deuda, incluidos los derivados de la intervención del secretario administrador, que serán a cargo del deudor" (all the costs of claiming the debt, including those of the secretary-administrator's work, which the debtor pays).

Do not confuse it with the court's demand for payment. Once the claim is admitted, the court clerk (letrado de la Administración de Justicia) orders the debtor to pay or object within twenty days (Civil Procedure Act, art. 815.1). For community debts, that court demand is served at the address the owner designated; if there is none, at the flat or premises; and if that fails too, under Article 164 of the Civil Procedure Act (Ley de Enjuiciamiento Civil, LEC) (art. 815.2). The court does that one. Yours is the one before.

Is a demand for payment enough since Organic Law 1/2025?

It depends on where the building is. 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. It applies to the ordinary proceedings in Book II of the Civil Procedure Act and to the special proceedings in Book IV (art. 5.2), and the payment order procedure sits in Book IV. Article 5.3 exempts the European payment order, not the Spanish one.

The question is whether the LPH notice already counts as that attempt. As of October 2026 we have found no Supreme Court ruling that settles it, and the published court criteria disagree:

Court	What it says	Is the LPH demand enough?
Valencia Provincial Court (criteria of 15 June 2026)	Community payment order claims need a MASC, but "será suficiente si en tal acuerdo de liquidación la junta pone de manifiesto su voluntad de alcanzar un acuerdo" (it is enough if, in the decision approving the debt, the meeting states its wish to reach an agreement)	Not on its own; yes if the meeting's decision records that wish
Alicante first-instance courts (4 April 2025)	The MASC rule covers the special proceedings in Book IV; failing to try one is a "defecto procesal insubsanable" (a procedural defect that cannot be cured); the proposal must include "una invitación expresa a negociar" (an express invitation to negotiate)	No, unless it invites negotiation
Asturias Provincial Court (19 November 2025)	MASC needed for payment order claims, except the European one and the LPH one, "donde el requerimiento previo es suficiente" (where the prior demand is enough)	Yes
Pontevedra Provincial Court (23 January 2026)	The Article 21 LPH claim "solo exige la certificación del acuerdo liquidatorio y justificación de su notificación al deudor" (only needs the certificate of the debt decision and proof that it was notified to the debtor)	Yes

Other Provincial Courts (Audiencias Provinciales) have their own criteria. The province-by-province table is in our article on MASC for community fees.

If the building is in the Valencian Community, or in a province whose court has not ruled, work as if the requirement applies. The Valencia court itself gives the hint in a similar case: in evictions for unpaid rent it treats the MASC as met "si al realizar el previo requerimiento de pago se incluye alguna propuesta de negociación" (if the prior demand for payment includes some proposal to negotiate). Adding that proposal to your letter costs a paragraph. Leaving it out can cost you the claim.

In Catalonia, owners' communities are not governed by the LPH but by Book Five of the Catalan Civil Code (Código civil de Cataluña, articles 553-1 onwards), so check its rules on notices and debt claims. Organic Law 1/2025 is the same across Spain; what changes is each court's reading of it.

What must the letter say to count as an attempt to negotiate too?

The law asks for little, but precisely. The request to negotiate must define "adecuadamente el objeto de la negociación" (properly, what the negotiation is about) (Organic Law 1/2025, art. 7.1), and that subject must match what you later claim in court (art. 5.1). The Alicante courts set out the minimum: identify the parties, describe "de manera específica el conflicto" (the dispute, specifically) and include "una invitación expresa a negociar" (an express invitation to negotiate), with no need to spell out concrete solutions.

A letter that meets both the LPH and Organic Law 1/2025 includes:

1. Who is claiming: the community, its tax number (NIF) and who signs (president or administrator), with their role.
2. To whom: the owner and their flat or premises. If you will also sue the registered owner (titular registral) or the previous owner, send the letter to each of them. The Valencia, Asturias and Pontevedra criteria agree that, where a MASC is required, it must be attempted with every defendant.
3. The debt: total, breakdown by fees, special levies and periods, and the date of the meeting that approved it. It should match the certificate you will file to the cent.
4. Interest and surcharges, only those approved. Debts to the community bear interest from the date they were due, and the meeting may adopt measures against late payment as long as they are not "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 an annual fee of €135 per parking space, which the Castellón Provincial Court had worked out as interest of 135.18% (Supreme Court judgment 1468/2026).
5. A deadline to pay and the account to pay into.
6. A concrete proposal, for example instalments over several months, and willingness to consider the owner's own proposal.
7. The express invitation to negotiate, with a phone number, an email address or a date to talk.
8. The deadline to reply: thirty calendar days from receipt. If there is no meeting and no written reply in that time, the attempt ends without agreement (art. 10.4.a).
9. The consequences: the community may claim through the payment order procedure, with the costs of claiming charged to the owner (LPH, art. 21.3), and while they are not up to date they cannot vote at meetings (art. 15.2).

You do not have to reduce the debt. The Pontevedra court says the requirement does not call for "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, nor even an offer to wait or defer). Even so, in provinces that require negotiation, a concrete payment plan leaves less room for argument. If you prefer a fixed proposal that binds the community as soon as the owner accepts it, see the confidential binding offer.

Which address should it go to?

The one the owner gave. Article 9.1.h LPH requires every owner to give the secretary, "por cualquier medio que permita tener constancia de su recepción" (by any means that leaves a record of receipt), an address in Spain for notices. If they have not, the flat or premises in the building counts, "surtiendo plenos efectos jurídicos las entregadas al ocupante del mismo" (and notices handed to whoever occupies it are fully valid).

Before you send it, check the owner's file:

• Did they give an address? Send it there, even if you know they live elsewhere.
• Do they live outside Spain? The LPH speaks of an address in Spain. If they gave one, use it; if not, the flat or premises.
• Do they use email with the community? Under Organic Law 1/2025, the request to negotiate can go to the home or work address you know, or "a través del medio de comunicación electrónico empleado por las partes en sus relaciones previas" (through the electronic channel the parties have used with each other before) (art. 7.1). The Alicante courts 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 Valencia court accepts the address "designado en contrato o el que sea habitual en esas relaciones" (named in the contract or usual between the parties).
• No way to find them? With the claim you can file a sworn statement (declaración responsable) that negotiation was impossible "por desconocer el domicilio de la parte demandada o el medio por el que puede ser requerido" (because the defendant's address or means of contact is unknown) (LEC, art. 264.4). Keep the failed attempts.

What if they do not collect the burofax? The Pontevedra court accepts communications that were "rehusadas, dejado aviso o devuelto por sobrante" (refused, left as a collection notice or returned uncollected), but not when the addressee appears "como desconocido" (as unknown). The Valencia court treats the requirement as met when the message reaches the addressee "aunque no conteste y cuando su actitud pasiva frustra el fin comunicativo" (even without a reply, and when their passivity defeats the purpose of the notice). We cover this in Burofax refused or not collected.

When does the noticeboard count?

Only as a last resort, and only for the LPH notice. Article 9.1.h allows it when notice at the proper address "fuese imposible practicarla" (proves impossible). The steps:

1. Try delivery at the designated address or the flat first, and keep proof of the failed attempt.
2. Write a note (diligencia) stating the date and why you are using the noticeboard, signed by the secretary with the president's approval.
3. Post the notice on the community noticeboard (tablón de anuncios) or in a visible shared place set aside for it.
4. Count three calendar days: from then on the notice "producirá plenos efectos jurídicos" (has full legal effect). Article 21.3 asks for it to stay up "durante un plazo de, al menos, tres días" (for at least three days).

For the MASC it is another matter. Organic Law 1/2025 does not mention the noticeboard: it asks for a document proving that the owner received the invitation, when, and that they could access its full content (art. 10.2). A sheet of paper in the entrance hall can hardly prove that. If you genuinely cannot locate the owner, the route the law provides is the sworn statement under Article 264.4 LEC.

Burofax, certified post or email: at a glance

What the published court criteria say about each channel as proof of the attempt to negotiate:

Channel	Published criteria
Burofax	A preferred channel for the Alicante courts. Valencia and Pontevedra accept it
Notarial demand (requerimiento notarial)	A preferred channel for the Alicante courts; Pontevedra accepts a notarial record
Certified post with acknowledgement of receipt (correo certificado con acuse de recibo)	Preferred in Alicante; Pontevedra accepts it with the dates of sending and receipt
Email	Alicante: if it is the agreed channel or has been used for at least three exchanges in the previous six months. Valencia: the named or usual address. Pontevedra: the agreed or usual address, or one from which the debtor has already replied
SMS or WhatsApp	Pontevedra: if receipt is recorded or an electronic trust service, qualified or not, was involved
Noticeboard	Not mentioned in Organic Law 1/2025

In practice, the strongest option is the channel the owner already uses with the community and, if in doubt, two at once. The Alicante courts presume the requirement is met where there is "un intento documentado de contacto mediante medios distintos, como burofax, correo electrónico o SMS" (a documented attempt at contact through different channels, such as burofax, email or SMS), unless the other side proves otherwise. For email, see MASC by certified email.

Who pays for the demand letter?

The owner, if the claim ends up in the payment order procedure. Article 21.3 LPH lets the claim include "todos los gastos y costes que conlleve la reclamación de la deuda" (all the costs of claiming the debt). Keep the receipt for each burofax or delivery.

If the community uses a lawyer and a court agent (procurador) for the claim, the debtor pays their fees, within the limits of Article 394.3 LEC, "tanto si aquél atendiere el requerimiento de pago como si no compareciere ante el tribunal" (whether they pay when the court asks or fail to appear) (LPH, art. 21.5). If they object, the general costs rules apply, but if the community wins in full the fees are included even where a lawyer was not compulsory.

The demand also protects you on costs. Since 3 April 2025, if the defendant concedes the claim before filing a defence, there is bad faith when "se hubiese requerido al demandado para el cumplimiento de la obligación de forma fehaciente y justificada, o cuando hubiese rechazado el acuerdo ofrecido o la participación en un medio adecuado de solución de controversias" (the defendant had been asked to perform in a reliable and justified way, or had rejected the agreement offered or taking part in a MASC) (LEC, art. 395.1).

What happens after you send it?

1. If they reply and negotiate, the timings change: the attempt ends thirty days after a concrete proposal with no agreement or reply, or three months after the first meeting with no agreement (Organic Law 1/2025, art. 10.4.b and c). If you reach a deal, put it in writing, signed by both sides.
2. If they do not reply, the attempt ends thirty calendar days after receipt (art. 10.4.a). Count from the date of receipt on the proof, not from the date you sent it.
3. You have one year to file, counted from when the owner received the request or, if you did negotiate, from when the negotiation ended without agreement (art. 7.3). Our MASC deadline calculator does the count from the date of receipt.
4. With the claim go the debt certificate and the proof of notice (LPH, art. 21.3), plus the document proving the attempt to negotiate (LEC, art. 264.4). Describe the attempted negotiation in the claim: the Valencia court considers that failing to mention the MASC in the claim "no es subsanable" (cannot be cured).
5. The court will order the owner to pay or object within twenty days (LEC, art. 815.1).

Template: demand for payment with a proposal to negotiate

Adapt it to each case and have the community's lawyer review it. The template is in Spanish so you can send it as it is; an English summary follows. Use the same deadline in points 2 and 4, at least thirty calendar days after receipt. If the meeting's decision recorded its wish to reach an agreement, as the Valencia criterion asks, mention it in point 1.

Asunto: Requerimiento de pago e invitación a negociar. 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].

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].

1. Deuda. La junta de propietarios celebrada el [fecha] aprobó la liquidación de su deuda con la comunidad, que asciende a [importe] euros, con este desglose: [cuotas, derramas y periodos; intereses o recargos aprobados, si los hay]. Por medio de este escrito le notificamos ese acuerdo.
2. Requerimiento. Le requerimos para que pague esa cantidad antes del [fecha] por transferencia a la cuenta de la comunidad [IBAN].
3. Propuesta. Si no puede pagarla de una vez, la comunidad le propone [por ejemplo: [número] pagos mensuales de [importe] euros desde [mes y año], además de las cuotas que vayan venciendo]. Estamos abiertos a estudiar la propuesta que usted nos haga.
4. Invitación a negociar. Conforme a la Ley Orgánica 1/2025, le invitamos a negociar una solución antes de acudir a los tribunales. Puede responder por escrito a [correo o dirección] o llamar al [teléfono] para fijar una reunión, antes del [fecha].
5. Si no hay respuesta. Pasado ese plazo sin reunión ni respuesta por escrito, entenderemos que no desea negociar, y la comunidad podrá reclamar la deuda por el proceso monitorio, con los gastos y costes de la reclamación a su cargo (art. 21.3 de la Ley de Propiedad Horizontal).
6. Derecho de voto. Le recordamos que, mientras no esté al corriente en el pago ni haya impugnado judicialmente la deuda o consignado su importe, podrá participar en las deliberaciones de las juntas, pero no votar (art. 15.2 de la Ley de Propiedad Horizontal).

Atentamente,
[Nombre, cargo y firma]

In English: point 1 notifies the debt approved at the meeting, with its breakdown; point 2 asks for payment by a date into the community's account; point 3 proposes instalments and invites a counter-proposal; point 4 expressly invites the owner to negotiate under Organic Law 1/2025 and says how to reply; point 5 warns that, without a reply, the community may file a payment order claim with costs charged to the owner; point 6 reminds them they cannot vote at meetings while in arrears.

Mistakes to avoid

• A bare "pay" in a province that requires a MASC. Add the proposal and the invitation.
• Sending it to the flat when the owner gave another address. Article 9.1.h says to use the one they gave.
• Going straight to the noticeboard without a prior attempt or the note signed by secretary and president.
• Claiming what the meeting did not approve, or surcharges a judge may find disproportionate.
• Forgetting the registered owner or the previous owner if you will sue them too.
• Negotiating after filing. The Pontevedra court does not accept that, once the claim is filed, "se pretenda realizar la actividad negociadora o la reclamación previa" (the negotiation or prior demand is attempted then).

Frequently asked questions

Does the demand to an owner in arrears have to go by burofax?

No, it is not compulsory. The LPH asks for a document proving the notice, and Organic Law 1/2025 for one proving receipt, date and access to the content. The Alicante courts prefer burofax, a notarial demand or certified post with acknowledgement of receipt; email works if it is the agreed or usual channel.

Does the demand interrupt the limitation period on the fees?

Yes. The Civil Code (Código Civil) interrupts limitation through a "reclamación extrajudicial del acreedor" (out-of-court claim by the creditor) (art. 1973), and Organic Law 1/2025 does the same for a request to negotiate from the date an attempt to deliver it is recorded (art. 7.1). Keep the dated proof.

How long do I have to wait before filing the payment order claim?

If the owner does not reply, thirty calendar days from when they received the letter (art. 10.4.a of Organic Law 1/2025). From receipt, you then have one year to file (art. 7.3).

Can an owner in arrears vote at the owners' meeting?

They can take part in the discussion but cannot vote if, when the meeting starts, they are not up to date with debts already due and have neither challenged them in court nor deposited the amount (LPH, art. 15.2). The minutes must record who lost the vote.

Is the demand valid if the owner lives abroad?

Yes, if it goes to the right address. The LPH requires owners to give an address in Spain for notices: if they gave one, send it there; if not, to the flat or premises (art. 9.1.h). If they use email with the community, you can also send the invitation to negotiate that way.

If you send demands 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, plus a SHA-256 fingerprint anyone can check on a public page. Opening is indicative; the download is the strong evidence. It is not a qualified eIDAS service and does not replace a burofax: it is electronic evidence that a judge weighs freely if challenged.

Sources

• Law 49/1960 on Horizontal Property, arts. 9, 15 and 21 (current text and the wording before Law 10/2022).
• Organic Law 1/2025 of 2 January, arts. 5, 7 and 10.
• Civil Procedure Act, arts. 264, 395, 812 and 815.
• Civil Code, art. 1973.
• Law 5/2006, Book Five of the Catalan Civil Code, art. 553-1.
• Supreme Court, Civil Chamber, judgment 1468/2026 of 22 September (ROJ STS 3785/2026).
• Valencia Provincial Court, unified criteria on MASC, 15 June 2026.
• Alicante first-instance courts, common criteria, 4 April 2025.
• Asturias Provincial Court, guidance criteria, 19 November 2025.
• Pontevedra Provincial Court, unified criteria, 23 January 2026.

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.