Arrears

Collecting overdue common expenses without losing the community

Most arrears are not refusals — they are a statement nobody understood, a reminder nobody sent, or a life event nobody knew about. A process that fixes those three, escalates on a fixed calendar rather than on frustration, and uses the clearance certificate at sale as the final backstop collects more and costs the building fewer neighbours.

Published
Updated
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8 min read
By
Domera

Why do owners fall behind?

Before designing a process, sort the debt. In most buildings the arrears list falls into four groups: owners who did not understand or did not receive the statement; owners who forgot, because nothing reminded them; owners in temporary difficulty — a job loss, a divorce, a tenant who stopped paying; and a small number who dispute the charge or simply refuse. The groups need different responses, and treating the first three like the fourth is how a building loses goodwill.

The list also tells you where the money is. Ten owners a month behind is a communications problem worth perhaps a few hundred euro; one owner four years behind is a legal problem worth thousands. Work both, but do not confuse them.

Is the statement clear enough to be paid?

A surprising share of arrears disappear when the statement improves. An owner will pay a statement that shows the opening balance, each charge with the method used to calculate it, each payment received with its date, and the closing balance — with the bank details and a payment reference on the same page. An owner will not pay a total with no working, and will argue with a statement that shows a balance they cannot reconcile with their own records.

Three tests: can the owner see exactly which invoice their €131.47 came from; can they see the payment they made on the 14th; and can they pay from the statement without looking anything up. If any answer is no, fix the statement before you write a single reminder. Deliver it the same way every period — email with a portal link, or post for owners who ask — so it is never a surprise.

What reminder cadence works?

Reminders work when they are predictable, and fail when they are moods. Set a calendar and follow it for every owner, every period, without exception:

  • Day 0 — statement issued, with the due date stated plainly (typically 14 to 30 days).
  • Day +7 after the due date — a short, neutral reminder: balance, due date passed, how to pay, who to contact if something is wrong.
  • Day +21 — a second reminder that names the consequence in the regulations (interest, loss of voting rights where applicable, referral) without yet applying it.
  • Day +45 — a phone call or a conversation. This is where the payment plans are agreed and the disputes surface.
  • Day +60 to +90 — a formal letter from the committee or manager, stating the balance, the history of contact, and the date on which the matter will be referred.

When should you offer a payment plan?

Automated reminders are fine for the first two steps — better than fine, because they remove the awkwardness of a neighbour chasing a neighbour. Domera sends them from the payment and balance records, so a reminder never goes to an owner who paid yesterday. From the phone call onwards, a person should be involved — and that call is where the plan should be offered, not at the lawyer's letter.

A plan that clears the arrears over six to twelve months while keeping the current charges paid is worth far more to the building than a judgment that takes two years to enforce. Put it in writing, keep it simple, and make it visible on the statement. If an owner owes €1,860.00 — six months at €310.00 — a plan of €310.00 current plus €155.00 arrears each month clears the debt in twelve months. The statement should show the plan instalment as its own line so both sides can see it being kept. Agree in advance what happens if two instalments are missed: the plan lapses, the full balance falls due, and the process resumes at the formal-letter step.

Do not negotiate the principal. The other owners have paid their share of the same invoices; writing off one owner's debt shifts it to them. Negotiate time, and where the regulations allow it, interest.

Can the building charge interest or late fees?

Only where the regulations or the law say so. Many buildings' regulations provide for interest on late common expenses at a stated rate, and some national laws set a statutory rate or a cap. Charging interest or fees that are not provided for anywhere is the fastest way to turn an arrears case into a counter-claim.

In Cyprus, the Immovable Property (Tenure, Registration and Valuation) Law, Cap. 224, governs the management committee's power to collect common expenses and recover unpaid amounts, and the building's registered regulations generally set out what may be charged on late payment. The same pattern — a general law plus the building's own rules — applies in most European jurisdictions. Check both before applying a charge, keep the rate reasonable, and show the interest as a separate line so the owner can see exactly what they are paying for the delay.

This is general guidance, not legal advice. Before applying or enforcing any charge, confirm the position with a lawyer who knows your jurisdiction.

When do you escalate, and what changes when the unit is sold?

Escalate on the calendar, not on the argument. When the formal-letter date passes without payment or a plan, the committee decides — and minutes the decision — to refer the debt. In most jurisdictions unpaid common expenses are recoverable as a civil debt through the courts, and some provide a faster route for the committee. Take advice on cost and timing before filing; small debts can cost more to recover than they are worth, and the prospect of proceedings is often more effective than proceedings.

The strongest position the building holds is the sale. When a unit changes hands, the buyer's lawyer will usually ask the committee or manager to confirm that common expenses are paid — a clearance or settlement certificate. A seller with arrears cannot complete without settling, or without the buyer agreeing to take on the debt, which lawyers rarely allow. Keep the balance accurate to the day so the certificate can be issued quickly and correctly; a wrong figure at completion is far worse than a late one. Domera's ownership transfer controls gate the transfer on the balance so the certificate reflects the ledger, not a memory.

How do you keep the tone right?

Every message should pass one test: could it be read aloud at the next general meeting without embarrassment? Write to the owner as a neighbour who is behind, not as a debtor. State the facts, the amount, the date, the next step and the way out. Never mention the debt in a group message, in the lobby or at a meeting by name; publish the total arrears figure to owners as a building fact, and the individual names to nobody but the committee.

The goal is not to win. It is to have the money in the account and the owner still speaking to you at the next AGM.

Checklist

  • Sort the arrears list into the four groups before deciding what to do.
  • Fix the statement first: opening balance, each charge with its method, each payment with its date, closing balance, payment reference.
  • Write down the reminder calendar and apply it to every owner, every period.
  • Offer a written payment plan at the first conversation; negotiate time, not principal.
  • Charge interest or fees only where the regulations or the law provide for it — and show them on their own line.
  • Escalate on the calendar with a minuted committee decision, and keep balances accurate to the day for the certificate at sale.

Frequently asked questions

Can an owner in arrears vote at the general meeting?
Some jurisdictions and some buildings' regulations suspend voting rights while common expenses are unpaid; others do not permit that. Check the regulations and local law before excluding anyone — an improperly excluded owner can challenge the meeting's decisions.
Should the building name owners in arrears at the AGM?
Report the total arrears figure and the number of owners as building facts. Do not name individuals in the meeting or the minutes unless the law requires it or a decision to take legal action against a named owner is being voted on.
What if the owner disputes a charge?
Treat the disputed amount separately: ask them to pay the undisputed balance while the dispute is examined, answer in writing with the invoice and the allocation method, and record the outcome. Most disputes end when the working is shown.
Who is liable when a tenant does not pay?
In most jurisdictions the owner owes the common expenses regardless of any arrangement with a tenant. The committee deals with the owner; the owner deals with the tenant.

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