Many property owners arrive at their coastal residences only to discover that several community members with outstanding debts have rented out their properties. They often approach the administrator questioning how this is possible and why the court has not seized the rental income received by these debtors.

The administrator must explain that obtaining a court order to seize rental income is not a straightforward process. The judge must issue an order requiring the tenant to redirect rental payments to the court instead of the debtor. However, securing such an order involves several procedural steps:

1. Identifying the name of the tenant to be served.
2. Submitting a formal request to the court.
3. Obtaining a judicial resolution.
4. Officially notifying the tenant.

Considering the current state of the Spanish judicial system, which is nearly overwhelmed, these procedural steps can take several months. In the case of short-term rentals, by the time the court issues the order, the tenant in question may have already vacated the property, necessitating the restart of the entire process with the new occupant. Given that most rentals in these areas are short-term, the effectiveness of such an embargo is significantly limited.

Even in the case of long-term rentals, tenants often respond to the court by claiming they are not paying rent at all and that the property was lent to them informally by the landlord. They may also argue that, since rental agreements must be registered with the Junta de Andalucía and subject to taxation, and they have not fulfilled these requirements, no formal lease exists.

In practice, these obstacles make the successful seizure of rental income unlikely in the majority of cases.

However, not all options are exhausted. One effective approach is to implement measures that compel tenants to pressure their landlords into settling outstanding community fees. This can be achieved by formally approving a rule within the community that prohibits debtors—and consequently their tenants—from using communal facilities such as the swimming pool.

It is common for tenants to visit the administration office seeking access to the pool, only to be informed that they are not permitted to use it because the property owner is in debt with the community. One can easily imagine the frustration of a tenant who, upon renting a property under the assumption that their family would have access to the pool, suddenly discovers that this is not the case.

As discussed in previous articles, neither the president of the community nor the administrator can unilaterally enforce payment of community fees outside of legal procedures. Taking measures such as cutting off water supply, television services, or restricting access to communal areas without proper authorization could be classified as a criminal offense.

Therefore, any restriction on the use of community facilities must be legally adopted by the community. It is crucial to distinguish between essential communal elements—such as elevators, roofs, plumbing, and staircases—and non-essential communal amenities, including swimming pools and paddle courts.

The community may approve a statutory clause establishing that certain non-essential facilities form a separate sub-community with its own financial allocations. This would mean that debtors are not entitled to use the swimming pool while also being exempt from contributing to its maintenance costs. (In practice, however, whether they are charged or not is irrelevant, as they are unlikely to pay, and their share of expenses will still need to be covered by the remaining property owners.)

Should a debtor wish to contest this decision in court, they would first need to settle their outstanding debt before initiating legal proceedings. According to Article 18.2 of the Spanish Horizontal Property Law (LPH), a property owner must be up to date with their community fee payments to challenge community agreements in court. As previously mentioned, any such agreement must be adopted through a fully legal process. Therefore, it is highly recommended that communities seek proper legal advice before enforcing restrictions on debtors and their tenants regarding the use of communal facilities. However, once legally approved, this measure can be highly effective.