Readers are asked: “Is it possible for an ordinary assembly of co-owners to increase the administration fee by more than 100 percent for some and reduce others by as much?”
(Also read: Assemblies of owners (VII): impediments, agenda and other issues)
Answer
The general assembly of owners approves the annual budget and to set the administration fees, what is established in the horizontal property regulation must be taken into account, that is, taking into account the coefficients and contribution modules when applicable. Otherwise, The assembly cannot invent bases for the collection of expenses with criteria without foundation in the regulations and in the Law. Therefore, once the background has been reviewed, the possibility of challenging the decision will be established.
(You might be interested in: Owners’ meetings (X): regulations, advice and other questions)
Parking lot owners must be summoned to the assemblies, even if they are not apartment owners.
Invitation to parking lot owners to the Assembly
ask
“In the complex there are owners of parking lots (with real estate registration) without being apartment owners: should they be summoned to the assemblies? In case of appointment and not attending according to the Condominium Property Regulations and due process, can the collection of the fine for non-attendance be made effective?
answer
Yes, it is necessary to cite them for their quality as owners of private property, which is demonstrated with the certificate of tradition and freedom. If they do not attend the meeting personally or through representation by another person, the fine can be imposed if it is provided for in the horizontal property regulation and complying with the conditions and procedure enshrined in it.
(Other news: Procedures and responsibilities of the Assembly of Owners)
Illegal construction on terraces
ask
“I would like to know When do the co-owners of a building build on the terraces of the second floors, thus increasing their area and coefficients? What District entity controls that? So that they knock down those buildings”.
Answer
In the case of the query, The owners’ assembly, after a previous study, is the power to approve the modification and extension if it complies with the urban regulations and with the horizontal property regulations. It requires a qualified decision-making quorum of 70 percent of the total co-ownership coefficients, since this reform would entail the modification of the horizontal property regulation in several of its clauses. In the same way, it is essential to obtain the construction license under the aforementioned conditions.
In the event that the modifications have been made and cannot be legalized through the indicated rules and procedure, the entity that exercises control of works is the respective mayor’s office; in the case of the Capital District of Bogotá, police inspections. The norm that regulates these situations is the National Code of Citizen Security and Coexistence (formerly the National Police Code). This without prejudice to the fact that within the co-ownership the process of conflict resolution and imposition of sanctions can be advanced.
(Also: Board of directors, mandatory insurance and service charges)
On bill 205 of 2022 Chamber.
In the gazette of the Congress of May 10, 2023, the report of the presentation for the first debate of the bill 205 Chamber was published, by means of which, once again, it is intended to reform and add the horizontal property regime in Colombia and dictate other provisions. This corresponds to the accumulated with the bill number 282 of 2022 Chamber. Opportunely I will be making the observations, contributions and criticisms that I consider pertinent.
NORA PABON GOMEZ
Lawyer – External advisor
inquiries
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