Readers are asked:
What administration fee must be paid for a parking lot for exclusive use in a building?
The value of the administration fees is derived from the coefficients and only private units have them. Exclusive use parking lots do not pay an administration fee.
(Also read: Assemblies of owners (IV): things that cannot be decided).
In the event that the elected administrator resigns in the assembly, before taking office, how can the assembly appoint a replacement?
If there is a board of directors, it appoints it, according to the moment in which it is scheduled: the previous or the new council, if it exists. Otherwise, the assembly appoints him. In certain cases an administrator is appointed ad hoc or provisional to determine powers, but it does not have the function of legal representation, as long as it is not designated by the competent body.
Law 675 establishes that when there is a board of directors in co-ownership, it appoints the administrator, and the co-ownership regulation establishes that the assembly of co-owners has the function of appointing him or delegating the appointment to the council. Which, in this case and other concurrent provisions, has priority?
The jurisprudence of the Constitutional Court has already ruled on this issue on several occasions. The council would appoint it, as it is a public order regulation of Law 675 of 2001. However, if the owners’ assembly chooses him, he may exercise his functions as long as the decision by virtue of the challenge has not been rendered null and void.
(Of interest: Assemblies of owners (III): fines, defaulters and other aspects).
Common property for exclusive use
Please, what is meant by “common property for exclusive use”?
It is defined in article 22 of Law 675 of 2001 and in the horizontal property regulations. In practice, common terraces, patios, parking lots (not visitor parking lots) among others can have this character. They do not have a real estate registration folio. They are assigned to the use of a certain owner or a group of owners, by the initial owner or by the owners’ assembly.
According to Law 675, in a mixed group, the fiscal auditor cannot be the owner. In the complex in which I live they continue to maintain it. Please, what should be done?
(Keep reading: Assemblies of owners (II): call, attendance and agenda
Nora Pabon Gomez).
Sets of commercial or mixed use will be required to have a fiscal inspector. It is true that article 56 of Law 675 of 2001 expressly states that he may not be the owner or holder of private property in the building or complex in respect of which he performs his duties. The norm must be complied with, which is also of public order. Otherwise, if the assembly, the competent body to appoint him, does not observe this provision, any owner or manager can challenge the decision.
Nora Pabon Gomez
Lawyer – External advisor
inquiries
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