on Google
Debts to the condominium are more common than many people think, and they can undermine a building’s finances, its upkeep and even its market value. Since Law 8/2022, the minutes of the general meeting are an enforceable title, the administrator must act within 90 days when the debt equals or exceeds the IAS (€537.13 in 2026), and service charges are, as a rule, time-barred after five years. In this article we explain the impact of these debts, what to check before buying a home, payment plans, recovery through the courts and the time limits.
In short
- Minutes that set the charges and due dates are an enforceable title: the condominium can go straight to enforcement proceedings.
- If the debt is equal to or above the IAS (€537.13 in 2026), the administrator has 90 days to go to court, unless the meeting decides otherwise.
- Periodic charges and interest are time-barred after five years; a one-off contribution for works may follow the general 20-year limit.
- A signed payment plan interrupts the time limit.
- On a sale, the administrator issues the statement of charges and debts within 10 days; past-due debts are, as a rule, the seller’s.
- The law does not provide for owners in arrears to lose their vote.
What debts to the condominium are and why they matter
Debts to the condominium are overdue amounts for the shared costs of maintaining, repairing and running the common areas. These costs are shared among all owners according to each unit’s share, set in the constituting deed or the regulations. See how the monthly condominium fee is calculated. They typically include cleaning, electricity and water for the common areas, lift maintenance, insurance, management fees, repairs and the contribution to the reserve fund.
Arrears usually arise from personal financial difficulties, distrust of the management, lack of knowledge of the rules, poor communication about amounts and due dates, or simple neglect. Whatever the cause, the effects reach everyone:
| Impact | What happens |
|---|---|
| Financial | Less cash to pay suppliers and essential services |
| Operational | Cleaning, maintenance or security cut back or interrupted |
| Social | Tension between owners and a worse atmosphere in the building |
| Legal | More court cases, with extra costs for all |
| Property value | Buildings with high arrears can lose market appeal |
Recovery: from the minutes to the court
The key document is the minutes. Under Decree-Law 268/94, minutes that set the amount of each owner’s contribution and the due dates are an enforceable title against an owner who fails to pay:
«1 – A ata da reunião da assembleia de condóminos que tiver deliberado o montante das contribuições a pagar ao condomínio menciona o montante anual a pagar por cada condómino e a data de vencimento das respetivas obrigações.» — Decree-Law 268/94, article 6(1) (as amended by Law 8/2022)
In plain English: the minutes must state each owner’s annual amount and the due dates. With that information, the condominium can start enforcement proceedings without first having to win an ordinary lawsuit. The enforcement can include late-payment interest and any penalties approved by the meeting. Our guide on how to write meeting minutes explains what they should contain.
The 90-day rule
If the debt is equal to or above the IAS for that year, the administrator must take legal action within 90 days of the first missed payment, unless the general meeting decides otherwise (article 6(5) of Decree-Law 268/94). In 2026 the IAS is €537.13 (Ordinance 480-A/2025/1).
| Step | When | Who |
|---|---|---|
| Friendly reminder | Right after the due date | Administrator |
| Formal letter with proof of receipt | Within a few weeks | Administrator |
| Payment plan proposal | Before legal action | Administrator and owner |
| Enforcement based on the minutes | Within 90 days if the debt ≥ IAS | Administrator, with a lawyer |
If the administrator does nothing
An administrator who fails in their duties can be liable for the losses caused to the condominium (article 1436(3) of the Civil Code), for example if a charge becomes time-barred because nothing was done. It makes sense to record due dates and set reminders for the 90 days and the five years.
Payment plans
A payment plan is often the most effective and least confrontational way to resolve arrears. It should be in writing, state the total owed, the instalments and dates, and what happens if an instalment is missed. A signed plan is also an acknowledgement of the debt, which interrupts the time limit (articles 325 and 326 of the Civil Code). If the plan is broken, the condominium can go to court for the full amount.
Buying a unit: check the debts first
Anyone selling a unit must ask the administrator for a written statement of the charges in force and any debts, with the nature, amount and due date of each. The administrator has 10 days to issue it, and it must be presented at the deed unless the buyer waives it (article 1424-A of the Civil Code).
- Debts that fell due before the sale are, as a rule, the seller’s.
- A buyer who waives the statement at the deed becomes liable for the seller’s debts to the condominium.
- Charges approved before the sale but falling due afterwards, such as an extraordinary charge for works, are the new owner’s.
The seller must also notify the administrator of the sale by registered post within 15 days (article 3 of Decree-Law 268/94). Before buying, also ask for the latest accounts, the minutes of recent meetings and the reserve fund balance. See documents needed to sell your house.
Time limits
Periodic charges, including the reserve fund contribution, and interest are time-barred after five years from each due date (article 310 of the Civil Code). According to the Lisbon Court of Appeal (judgment of 21 March 2024, case 2158/21.6T8ALM-A.L1-2), a one-off extraordinary contribution, for example for works, is not a periodic payment and follows the general 20-year limit.
The time limit is interrupted when the owner acknowledges the debt, for example by signing a payment plan, and when the debtor is served in court proceedings (articles 323, 325 and 326 of the Civil Code). Each monthly or quarterly charge has its own time limit, counted from its own due date. A charge due on 1 January 2022 that is not chased can be time-barred from 1 January 2027.
What the condominium cannot do
The law does not allow an owner in arrears to lose their right to vote at the general meeting. Posting lists of debtors in the common areas can breach data protection rules; debts should be reported in the accounts presented to the meeting. Cutting off an owner’s access to services or common areas is not a lawful recovery method.
How Condoroo helps
Condoroo manages more than 600 condominiums, including buildings with more than 300 units, with a team of more than 20 professionals. Every building’s bank account is in the condominium’s name, and we send hundreds of letters a month, each one with tracking, so there is proof of every reminder. We track due dates and the 90-day and five-year deadlines for each building.
Debts to the condominium: frequently asked questions
Can the condominium take an owner to court for unpaid charges?
Yes. Minutes setting the amounts and due dates are an enforceable title. If the debt is equal to or above the IAS (€537.13 in 2026), the administrator must act within 90 days, unless the meeting decides otherwise.
How long before condominium debts are time-barred?
Periodic charges and interest after five years from each due date (article 310 of the Civil Code). A one-off contribution for works may follow the general 20-year limit.
Does signing a payment plan restart the time limit?
Yes. Acknowledging the debt interrupts the time limit, which starts counting again.
Can I buy a flat that has debts to the condominium?
Yes. The statement of charges and debts must be presented at the deed. Past-due debts stay with the seller, unless the buyer waives the statement.
Can an owner in arrears be barred from voting?
No. The law does not provide for loss of voting rights because of debts.
Can the condominium charge interest on arrears?
Yes. Late-payment interest at the legal rate and penalties approved by the meeting can be claimed in enforcement based on the minutes.
This article is for information only and does not replace legal advice on your specific case. Legislation and IAS checked on 26 October 2026.
