They ask the readers: “What legal penalty is generated by not enforcing the coexistence manual in a residential complex by the administrator and legal representative of the same?”
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Answer
Once the coexistence manual is approved by the general assembly of owners, It is mandatory for all owners, holders or temporary or permanent occupants, as well as the administration or external contracted personnel, such as security and cleaning.
It is the obligation of the administration and the council to disclose it and inform all the owners of its validity and that its strict compliance will be required. Since it is a decision of the owners’ meeting, the aforementioned bodies must also resort to alternative dispute resolution mechanisms, with the purpose of seeking compliance with the provisions set forth in the Manual for a better coexistence and facilitating residents and owners the exercise of their rights and respect for these by others.
It is important to remember the importance of buildings and complexes of any use or of mixed use drafting and approving their coexistence manual that, without having the legal support or the hierarchy of the regulation to which it must be subjectedIt has greater flexibility and detail and in any case it is approved by the competent body and its provisions are derived from the regulations and the law.
When drafting the regulations and coexistence manuals, the pertinent clarifications that establish a link between the two should be considered.regarding the possibility of imposing sanctions for non-compliance with the latter, if applicable.
As regards the omission of the administrator, This will respond not only for not complying with its obligations agreed in the respective contractof which the board of directors and, if necessary, the assembly must be informed, as well as in accordance with the provisions of article 50 of Law 675 of 2001.
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Melissa Munera Zambrano
Regarding the payment of extraordinary fees
ask
“In an assembly of a group of 22 houses, from different areas, they will ordinarily agree on the collection of extraordinary fees according to the co-ownership coefficient. Is that correct or should we pay all extraordinary fees equally? That is compromised so as not to record or raise the administration fee a lot.
Answer
The assembly must proceed in accordance with the provisions of the horizontal property regulations. The law mandates that common expenses be paid according to the coefficient of co-ownership or the contribution module. Besides, For the decision of the assembly, the coefficient will be taken into account and not the vote per unit because it is a matter of economic content (Sentences C – 522 and C-738 of 2002 of the Constitutional Court).
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NORA PABON GOMEZ
LAWYER – EXTERNAL ADVISOR
inquiries
Send your question, very specific and without attachments, to the email: redaccioneconomicas@eltiempo.com
