🏢 Can I refuse to pay the building maintenance?

Quick answer

No: paying maintenance is mandatory and falls on the owner. Under Law 196/2018, maintenance costs are paid within 30 days of the list being posted at the notice board. Maintenance arrears are the owner's responsibility, not the tenant's — even if the flat is rented, the owner stays liable to the association. For delays, the association can apply penalties, but only after a further 30 days from the due date; penalties can't exceed 0.2% per day of delay and can't exceed the amount owed (the principal debt). The association can sue the owner in court after 60 days from the due date (about 90 days from posting). In addition, the association has a legal mortgage over the flat for maintenance debts. In short: you can't refuse to pay — you risk penalties, a lawsuit and even a mortgage on the flat.

📋 The rules

Pay maintenance within 30 days of the list being posted
The debt falls on the owner, not the tenant
Penalties only after a further 30 days from the due date
Penalties max 0.2%/day, not exceeding the principal debt
Court action after 60 days from the due date

🔓 Exceptions

Disputing unlawful costs: through legal means, not by non-payment
Penalties: not applied in the first 30 days after the due date
Tenant paying via contract: the owner stays liable to the association

⚠️ Penalties & fines

Non-payment of maintenance brings, first, penalties (max 0.2% per day, not exceeding the principal debt), applied only after 30 days from the due date. If the arrears exceed 60 days from the due date, the association, through its president, can sue you; a ruling can be enforced by garnishment or forced execution. The association also has a legal mortgage over the flat and a privilege over movable goods for maintenance debts, and can request registering the mortgage in the Land Register. To avoid trouble: pay maintenance on time; if a cost seems unlawful, dispute it legally (to the association, the auditor, the court), not by simple non-payment. Maintenance debts carry over and can block the sale of the flat.

📎 Official sources

Last verified: 2026-06-20

❓ Frequently asked

Can I refuse to pay maintenance?

No. Paying maintenance is mandatory, within 30 days of the list being posted at the notice board, under Law 196/2018. Refusing to pay brings penalties, a possible lawsuit and even a legal mortgage over the flat. If a cost seems unlawful, you dispute it legally, not by non-payment.

Who pays the maintenance, the owner or the tenant?

Maintenance arrears are the owner's responsibility. Even if the flat is rented and the tenant actually pays the maintenance via contract, the owner stays liable to the owners' association. The association will pursue the owner to recover the debts.

What penalties can be applied for a delay?

The association can apply penalties, but only after a further 30 days from the due date. Penalties can't exceed 0.2% per day of delay and can't exceed the amount owed, i.e. the principal debt. So penalties are capped and can't grow indefinitely beyond the value of the arrears.

When can the association sue me?

The owners' association, through its president, can sue an owner who doesn't pay the contribution shares for more than 60 days from the due date, i.e. about 90 days from the list being posted. A ruling obtained can be enforced by garnishment or forced execution.

Can I lose my flat over maintenance debts?

The association has a legal mortgage over the flat and a privilege over movable goods for maintenance debts, and can request registering the mortgage in the Land Register. In extreme cases, large unpaid debts can lead to forced execution. So it's important not to let arrears build up.

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