They ask the readers: “Due to economic difficulties, I fell behind in the payment of the administration of the building, which I have been paying little by little, reducing it by almost 80 percent. The administration of the building prohibited me from using the visitor parking spaces until I am up to date, so I cannot receive visits from my relatives. Is this legal? You can do it?”
(Also read: Can a temporary manager set a budget and charge owners?)
Answer
The suspension of the use of common goods and non-essential services is a sanction contemplated in the law and in the regulations and has been analyzed by jurisprudence. However, to impose it, it is necessary to take into account the provisions of each horizontal property regulation. Law 675 of 2001 orders that the behaviors subject to sanctions and those that proceed in each event must be indicated. Similarly, the right to due process, defense, contradiction and challenge must be respected. add the law, that extenuating or aggravating circumstances will be taken into account. Otherwise, the owner or holder would be prevented, unfairly and arbitrarily, from using his own common property to which he is entitled like any other owner.
(You might be interested in: What are the functions of the administrator when there is no legal status?)
It is different to temporarily deprive a person who does not comply with their obligations in a timely manner without justification, which imposes a sanction on those who have reached an agreement and are complying with their commitments. myReader, after analyzing the case, you can contact the board of directors, as provided in the regulations, to review the measure taken, as well as the procedure used and to restore your right to use this common good.. Also, the administration only executes; does not impose a penalty. In all cases, there is the possibility of challenging the decision in court.
On the actions to take against owners with a commercial company within the complex.
Penalties for joint owners and lessors
ask
“As the owner of a home in a complex for residential use What should I do so that the tenant and landlord of one of the houses in said complexwhere a commercial (real estate) company operates, are they penalized?
Answer
In accordance with the horizontal property regulations, you must approach the administrator as a representative of the group and the board of directors to ask them to initiate the corresponding procedure, in order to first investigate the uses approved in the license and in the regulations. If it is a professional activity that is carried out at home as work at home or if the aforementioned regulations and acts are really being violated, when changing the residential use for office or commercial use, with the impact that this can have on the other owners and on the use of the common areas of the property and what is more serious, contrary to the rules of land use.
(Other consultation notes: Do you have to be a resident to be a member of the council of a residential complex?)
Demonstrated thisthe conflict resolution process must be proceeded to give the offender the opportunity to present their arguments and, if applicable, grant him a period to comply with the rules or otherwise the sanctions contemplated in the regulation will be applied without prejudice to the administrator taking the pertinent political actions.
NORA PABON GOMEZ
Lawyer – External advisor
inquiries
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