Homeowners’ associations aren’t usually easy; getting a bunch of people—who are united by nothing more than a staircase—to agree is really the premise of one of Spain’s most successful TV series: *Aquí no hay quien viva*, but the drama intensifies when money is tight. Regarding this not-so-uncommon problem, the Supreme Court has established a legal principle: debts arising from homeowners’ association fees expire after five years, not after fifteen, as many property managers and residents continued to assume.
Once that period has elapsed, if the homeowners’ association has not taken formal action, the debt is considered extinguished and can no longer be collected. The decision, based on Article 1966.3 of the Civil Code, affects thousands of homeowners’ associations throughout Spain and significantly shifts the balance between delinquent residents and homeowners’ associations.
From the 15-Year Myth to the Actual 5-Year Limit
For years, the prevailing standard was that of the former Article 1964 of the Civil Code, which established a general 15-year statute of limitations for certain personal claims. Many homeowners’ associations relied on that figure to try to recover unpaid fees that had accumulated over more than a decade. However, the reform of Law 42/2015 already reduced that general statute of limitations to five years, and recent Supreme Court rulings have gone even further: they have clarified that homeowners’ association dues are not governed by that general statute of limitations, but rather by a specific five-year period provided for in Article 1966.3, which refers to periodic payments such as rent, alimony, and “any other payments that must be made annually or at shorter intervals.”
Ruling 1726/2025, dated November 26, along with other prior and subsequent rulings, has established that debts for overdue community fees are subject to a five-year statute of limitations “regardless of the date on which they accrued,” provided that no valid action to interrupt the statute of limitations has occurred during that time.
Each fee has its own statute of limitations
One of the most significant nuances of the Supreme Court’s ruling is that there is no “overall statute of limitations” for the entire debt. Each accrued fee (each monthly, quarterly, or annual payment agreed upon by the homeowners’ association) has its own statute of limitations, which begins to run from the moment it was due. If five years pass from the date a fee became due without any valid out-of-court demand or legal action, that fee is barred by the statute of limitations. And it is barred independently of the others.
In practice, this means that when a homeowners’ association finally decides to take action, it can only claim fees corresponding to the five years preceding the first valid demand (for example, a certified fax) or the filing of the lawsuit. Fees from earlier periods, for which the five-year statute of limitations has expired without interruption, are considered time-barred and can no longer be included in the claim.
How to interrupt the statute of limitations: taking action is key
The Supreme Court’s doctrine also makes it clear that the statute of limitations does not lapse on its own; the homeowners’ association must take action. Any valid claim—such as a formal out-of-court demand, like a burofax or certified letter, or the filing of a lawsuit—restarts the five-year period. For such an out-of-court claim to be effective, it must identify the debtor, specify the debt being claimed, its amount, and the periods for which payments are overdue, and provide proof of receipt or, at least, evidence that delivery was attempted.
In many cases, the most direct route will be the special payment order procedure for homeowners’ associations provided for in the Civil Procedure Act. To initiate this process, the homeowners’ association must approve the debt settlement at a meeting, issue a certificate signed by the secretary-administrator with the president’s approval, and provide proof that the decision has been notified to the delinquent resident. This combination of decision, certificate, and notification allows the court to accept the payment order and, at the same time, interrupts the statute of limitations, providing an additional five years to demand payment.