Readers are asked: “I am a tenant and I pay the administration fees. as the administrator He did not send me the 2022 expense reports or this year’s budget, so I proceeded to request them. The answer was: you are not the owner. Is this legit?”
(Read also: Procedures and responsibilities of the Assembly of Owners)
Answer
Although the lessee is jointly and severally liable for the payment of ordinary common expenses, The direct responsibility for compliance with this obligation lies with the owner. The administrator is responsible for “Preparing and submitting the annual accounts for consideration by the Board of Directorsthe report for the annual general assembly of owners, the income and expenditure budget for each term, the general balance of the accounts of the previous year, the trial balances and their respective budgetary execution” (Law 675 of 2001 article 51 numeral 4). .
The same norm establishes that the financial statements and the budget will be presented to the owners’ meeting for its approval. According to this provision The obligation of the administrator is with the owners gathered in the assembly, without prejudice to the fact that he must respond to the rights of petition that are presented to himif the conditions are met.
(You might be interested in: Board of directors, mandatory insurance and service charges)
Measures against an invasion of public roads
Luis Lizarazo. WEATHER Archive
On invasion of the public highway
ask
“In the parcel where I have a lot, an owner took a section of the public road for his use and technology. The administration and the assembly are fine with it. What can I do to stop that invasion?”
Answer
All the antecedents must be analyzed, among these acts issued by the municipal authorities, or by the respective curatorship, to establish if it really is a public area, or if it is rather communal of the subdivision. If it is a public space, it will be the police authorities (mayors’ offices or police inspection, as the case may be) that, in accordance with the National Code for Citizen Security and Coexistence (formerly the National Police Code), will take the corrective measures in order to order the demolition of the building and restore the area.
If it is communal, the board of directors and the assembly must carry out the process to solve the conflict with the owner or, if necessary, impose the corresponding sanctions of the horizontal property regulation. If you are not subject to this regime, people who, like the reader, are witnessing the invasion of public space, may go directly to the corresponding mayor’s office.
Increase in administration cost
ask
“I signed a lease in September 2022 for 12 months, including administration. I have just been informed that the administration went up in January, therefore, I must pay the new fee and the retroactive. The question is, what does the law say about this management?
Answer
Approved the annual budget by the assembly and defined the value of the quotas, which must be assumed by the owners of the private units, the administrator must begin to implement his collection, and the obligation of the owner to pay the respective value arises. I suggest the consultant review the lease, since the question indicates that the obligation contracted by the lessee for one year includes the increase in administration fees. As indicated by the Law and Jurisprudence, in the event that the owner does not comply with his obligation to pay the ordinary installments, the administrator could charge the lessee or any holder because there is solidarity in this regard.
NORA PABON GOMEZ
Lawyer – External advisor
inquiries
Send your question, very specific and without attachmentsto the email: redaccioneconomicas@eltiempo.com
