When an owner is enjoying all the services of the community without paying for them, it is common for the other neighbours to force the president or the administration to put pressure on the debtor to pay the debt.

It is not uncommon that, in those communities in which the dwellings are supplied with water through the community meter, some neighbours demand that the administration or the president cut off the water supply to the owners in debt. Similarly, it is sometimes proposed that debtors be deprived of the right to enjoy the television signal, as a large part of the community considers that these services cannot be enjoyed by those who do not pay for them.

This type of coercive action against debtors is against the law and presumably constitutes a criminal offence, and the debtor, or his tenant, is perfectly entitled to initiate criminal proceedings against the president or administrator who orders such actions.

Art. 172 of the Penal Code states: “Whoever, without being legitimately authorised, prevents another by violence from doing what the law does not prohibit, or compels him to do what he does not want to do, whether just or unjust, shall be punished with imprisonment of six months to three years or with a fine of 12 to 24 months, depending on the seriousness of the coercion or the means used. “

In view of the above, and as a warning to all concerned, it is our opinion that none of these coercive measures should be approved in the community, given the obvious risk of criminal convictions for those who end up carrying out these acts against the debtors, such as the president or administrator.

Only the established legal channels can be used to claim debts, as well as the agreement to deprive the use of non-essential common elements, such as the swimming pool, paddle tennis courts, etc., when approved by the owners’ meeting.