Key Benefits:
LAW 675 OF 2001
(August 3)
Official Journal No. 44,509 of 4 August 2001
By means of which the horizontal property regime is issued.
COLOMBIA CONGRESS
DECRETA:
GENERALATIONS.
OBJECT AND DEFINITIONS.
ARTICLE 1o. OBJECT. This law regulates the special form of domain, called horizontal property, in which rights of exclusive property on private property and co-ownership rights on the land and other commons are fulfilled, with the aim of to ensure the safety and peaceful coexistence of the buildings under it, as well as the social function of the property.
ARTICLE 2o. GUIDING PRINCIPLES OF THE LAW. These are guiding principles of this law:
1. Social and ecological function of the property. The horizontal ownership regulations must respect the social and ecological function of the property, and must therefore comply with the provisions of the current urban regulations.
2. Peaceful coexistence and social solidarity. Horizontal ownership regulations should be designed to promote the establishment of peaceful relations of cooperation and social solidarity between the co-owners or the holders.
3. Respect for human dignity. Respect for human dignity should inspire the actions of the members of the co-ownership administration bodies, as well as those of the co-owners for the exercise of the rights and obligations arising from the law.
4. Free enterprise initiative. In the light of the existing urban planning provisions, the horizontal ownership regulations of commercial or mixed buildings or assemblies, as well as the members of the relevant administrative bodies, shall respect the development of the of free private initiative within the limits of the common good.
5. Right to due process. The proceedings of the assembly or the board of directors, which are aimed at imposing penalties for non-compliance with non-pecuniary obligations, shall consult due process, the right of defence, contradiction and challenge.
ARTICLE 3o. DEFINITIONS. For the purposes of this law, the following definitions are laid down:
Horizontal Property Regime: A legal system that regulates the submission to horizontal property of a building or assembly, constructed or constructed.
Horizontal Property Regulation: Statute that regulates the rights and obligations specific to the co-owners of a building or set submitted to the horizontal property regime.
Building: Construction of one or more floors raised on a lot or land, the structure of which comprises a plural number of independent units, suitable for use according to their natural or conventional destination, as well as areas and services of general use and utility. Once subjected to the horizontal property regime, it is made up of private or private property and common goods.
Set: Real estate development made up of several buildings raised on one or several lots of land, which they share, areas and services of general use and utility, such as internal roads, parking lots, green areas, closing walls, Goalposts, among others. It can also be made up of several structurally independent units of housing, commerce or industry.
Building or set of residential use: Infurniture whose particular domain assets are intended for the living of people, according to the current urban regulations.
Building or set of commercial use: Infurniture whose particular domain assets are destined for the development of commercial activities, in accordance with the current urban regulations.
Mixed-use building or assembly: Infurniture whose particular domain assets have various destinations, such as housing, commerce, industry, or offices, in accordance with current urban regulations.
Private or private property: Infurniture duly defined, functionally independent, of exclusive ownership and use, members of a building or assembly subjected to the horizontal property regime, with exit to the road public directly or by common passage.
Common assets: Parts of the building or assembly subject to the horizontal property regime belonging to all owners of private property, which by their nature or destination allow or facilitate the existence, stability, operation, conservation, security, use, enjoyment or exploitation of the property of particular domain.
Essential common goods: Goods indispensable for the existence, stability, conservation and security of the building or assembly, as well as the essential for the use and enjoyment of the property of particular domain. The others shall have the character of non-essential common goods. Essential common goods, the land on or under which there are buildings or facilities of basic public services, the foundations, the structure, the indispensable circulations for the use of private goods, the general public service facilities, facades and roofs or slabs that serve as covers at any level.
Necessary common expenses: Necessary efforts caused by the administration and the provision of the essential common services required for the existence, security and preservation of the common property of the building or assembly. For these purposes, the necessary services shall be deemed essential for the maintenance, repair, replacement, reconstruction and surveillance of the common goods, as well as the essential public services related thereto.
In buildings or commercial use sets, marketing costs shall have the required common expensa character, without prejudice to the exceptions and restrictions that the respective horizontal property regulation establishes.
Common expenses different from those required shall be mandatory when approved by the qualified majority required for the purpose in this law.
Coefficients of co-ownership: Indices that establish the percentage participation of each of the owners of particular domain property in the common goods of the building or set submitted to the horizontal property regime. further define their participation in the owners ' assembly and the proportion that each will contribute to the common building or assembly expenses, without prejudice to those determined by contribution modules, in Commercial or mixed buildings or assemblies.
Contribution Modules: Indexes that establish the percentage share of owners of particular domain goods, at the expense caused in relation to the common goods and services whose use and enjoyment corresponds to a part or sector determined from the building or set of commercial or mixed use.
Initial Owner: Holder of the right of dominion over a given property, which by means of manifestation of will contained in public deed, submits it to the horizontal property regime.
Private area built: Surface extension covered in each private property, excluding common goods located within their borders, in accordance with legal standards.
Free private area: Private shallower shallower cover or uncovered, excluding common goods located within their boundaries, in accordance with legal standards.
OF THE HORIZONTAL PROPERTY REGIME CONSTITUTION.
ARTICLE 4. CONSTITUTION. A building or assembly is subjected to the horizontal property regime by registered public deed in the Office of the Registry of Public Instruments. This registration, the legal person referred to in this law, arises.
ARTICLE 5o. CONTENT OF THE HORIZONTAL PROPERTY WRITE OR REGULATION. The public deed containing the horizontal property regulation must include at least:
1. The name and identification of the owner.
2. The distinctive name of the building or set.
3. The determination of the land or land on which the building or assembly is erected, by its nomenclature, area and boundaries, indicating the title or acquisition titles and the corresponding real estate registration sheets.
4. The identification of each of the particular domain goods according to the plans approved by the Municipal or District Planning Office or by the entity or person that does its own times.
5. The determination of the common goods, with the indication of those which are essential, and of those whose use is assigned to certain sectors of the building or assembly, where appropriate.
6. Co-ownership coefficients and contribution modules, as the case may be.
7. The destination of the property of particular domain that make up the building or assembly, which must conform to the current urban norms.
8. The construction specifications and safety and health conditions of the building or assembly.
In addition to this basic content, horizontal property regulations will include regulations related to the administration, direction and control of the legal person born by the ministry of this law and the rules governing the law. organisation and operation of the building or assembly.
PARAGRAFO 1o. In no case shall the provisions contained in the horizontal property regulations violate the mandatory rules contained in this law and, in such a case, they shall be construed as not written.
PARAGRAFO 2o. In municipalities or districts where there are georeferenced predial planes, adopted or duly approved by the competent cadastral authority, they may replace the elements of determination of the land set out in the third paragraph of this Article.
PARAGRAFO 3o. The horizontal ownership regulations of commercial buildings or assemblies may, in addition to the minimum content provided for in this law, enshrine regulations to preserve effective exercise. and continued commercial activity in private property, and to promote to its location according to the specific or sectorial use to which they are destined, as well as the specific obligations of the owners in relation to their property private.
PARAGRAFO 4o. The horizontal property management regulation may not contain rules that prohibit the disposal or taxation of private domain property, nor limit or prohibit the transfer of the same to any title.
ARTICLE 6o. ANNEX DOCUMENTATION. With the public deed of incorporation or addition to the horizontal property regime, as the case may be, the building license or the document that it does its times and the plans approved by the competent authority showing the location, line, nomenclature and area of each of the independent units which shall be the subject of exclusive or particular ownership and the general point of view of the areas and goods for common use.
PARAGRAFO. If discordance is found between the writing of constitution or addition to the horizontal property regime and the documents mentioned in this article, the respective Public Notary will be aware express in writing.
ARTICLE 7o. STAGE INTEGRATED ASSEMBLIES. When a set is developed in stages, the writing of the constitution must indicate this circumstance, and regulate within its contents the general regime of the same, the way to integrate the stages subsequent, and the coefficients of co-ownership of the private assets of the stage being formed, which shall be of a provisional nature.
The subsequent stages will be integrated by the initial owner through additional writing, in which their private assets, the common assets located at each stage and the new calculation of the co-ownership coefficients will be identified. all the private assets of the integrated stages to the whole, which shall be of a provisional nature.
In public writing by means of which the last stage is integrated, the co-ownership coefficients of the entire set will be determined as definitive.
Both provisional and definitive coefficients shall be calculated in accordance with this law.
PARAGRAFO. In any case, the urban authority can only approve the developments integrated by stages of buildings submitted to the horizontal property regime, when they allow the use and enjoyment of the equipment offered for functionality.
ARTICLE 8o. CERTIFICATION ON THE EXISTENCE AND LEGAL REPRESENTATION OF THE LEGAL PERSON. The registration and subsequent certification on the existence and legal representation of the legal persons to which this law refers, corresponds to the Municipal Mayor or District of the place of location of the building or assembly, or the person or entity to whom this faculty is delegated.
The registration shall be made by filing with the official or competent entity of the registered deed of incorporation of the horizontal property regime and the documents certifying the appointments and acceptances of those who exercise the legal representation and the tax reviewer. The writing of the extinction of the horizontal property shall also be the subject of registration for the purposes of certifying the state of liquidation of the legal person.
No additional requirements or requirements may be required.
OF EXTINCTION OF THE HORIZONTAL PROPERTY.
ARTICLE 9o. HORIZONTAL PROPERTY EXTINCTION CAUSES. The horizontal property shall be extinguished by any of the following causals:
1. The destruction or total deterioration of the building or buildings forming a whole, in a proportion representing at least seventy-five per cent (75%) of the building or stage in particular except where its decision is taken. reconstruction, in accordance with the regulations that the National Government will issue for the purpose.
2. The unanimous decision of the holders of the right of ownership on particular domain goods, provided that the written acceptance of the creditors with real guarantee on the same, or on the building or assembly is measured.
3. The order of judicial or administrative authority.
PARAGRAFO. In case of demolition or total destruction of the building or buildings that make up the assembly, the land on which they were built will remain taxed proportionally, according to the coefficients of co-ownership, by mortgages and other levies weighing on private property.
ARTICLE 10. PROCEDURE. The horizontal property is extinguished in whole or in part by the legal causes mentioned above, once the decision of the general assembly of owners, or the judicial judgment that determines it, is raised to public deed. where there is a place, and register with the Office of the Register of Public Instruments.
ARTICLE 11. DIVISION OF THE CO-OWNERSHIP. Registered the extinction deed of the horizontal property, the co-ownership on the ground and the other common goods shall be the object of division within a period not exceeding one year.
For such purposes any of the owners or the servicer, if any, may request that the commons be materially divided, or sold to distribute their product among the first prorata of their coefficients of co-ownership.
The division will take precedence if the commons are liable to be materially divided into portions without being depreciated by their fractionation, as long as the urban norms so permit. It will be opted for sale otherwise. The rules on the division of communities provided for in Chapter III, Title XXXIII of the Fourth Civil Code and in the rules amending it, adding or subheadings shall apply as appropriate.
ARTICLE 12. SETTLEMENT OF THE LEGAL PERSON. Once the total extinction of the horizontal property is recorded as provided for in this chapter, the legal person will be dissolved and settled, which will retain its legal capacity to perform the acts that are intended for that purpose.
The administrator shall act as a liquidator, upon presentation and approval of accounts, except for a decision of the general assembly or legal provision to the contrary. For the purposes of the extinction of the legal person, the final settlement act shall be registered with the entity responsible for certifying its existence and legal representation.
BUILDING OR ASSEMBLY REBUILD.
ARTICLE 13. MANDATORY RECONSTRUCTION. The building or assembly will be rebuilt at the following events:
1. Where the destruction or deterioration of the building or assembly is less than seventy-five per cent (75%) of its commercial value.
2. When, however, the destruction or deterioration of more than seventy-five percent (75%) of the building or assembly, the general assembly decides to rebuild it, with the favorable vote of a plural number of owners representing at least the seventy percent (70%) of the property coefficients.
PARAGRAFO 1o. The building expense will be in charge of all owners according to their co-ownership coefficients.
PARAGRAFO 2o. Rebuilt a building or assembly, the mortgages and encumbrances shall remain under the same conditions as they were constituted, unless the guaranteed obligation has been satisfied.
ARTICLE 14. PARTIAL RECONSTRUCTION OF THE ASSEMBLY. When destruction or deterioration affects a building or stage that is part of a set, the percentage of destruction or deterioration shall be understood in relation to the particular building or stage. It will be up to the owners of the private assets located there, in proportion to their co-ownership coefficients, to contribute to the expense for their reconstruction, as well as to take the decision provided for in the numeral 2 of the previous article.
Without prejudice to the foregoing, the expense caused by the reconstruction of the common goods of use and enjoyment of the entire set located in the building or stage, shall be the responsibility of the totality of the owners, in proportion to their coefficients of co-ownership.
In any case there will be an obligation to rebuild when it is not possible to partially extinguish the horizontal property, in the terms of article 10 of this law.
PARAGRAFO. The rebuild must be executed in all cases in accordance with the approved plans, unless its modification has been prepared in advance of the authorization of the competent entity.
ARTICLE 15. SECURE. All buildings or assemblies under the horizontal ownership regime may constitute insurance policies that cover the risks of fire and earthquake, which ensure the total reconstruction of the fire and earthquake.
PARAGRAFO 1o. In any case, the constitution of insurance policies that cover the fire and earthquake risks of the common goods covered by this law, which are liable to be insured, shall be mandatory.
PARAGRAFO 2o. Insurance payments will be affected in the first place to the reconstruction of the building or assembly in the cases that it is coming from. If the property is not rebuilt, the amount of the compensation shall be distributed in proportion to the right of each owner of the private property, in accordance with the coefficients of co-ownership and the applicable legal rules.
OF PRIVATE OR PARTICULAR DOMAIN ASSETS.
ARTICLE 16. IDENTIFICATION OF PRIVATE PROPERTY OR PRIVATE PROPERTY. Private or private property must be identified in the horizontal property regulation and in the building or assembly plans.
Property on private property implies a right of co-ownership over the common property of the building or assembly, in proportion to the co-ownership coefficients. In any act of disposition, charge or seizure of a private property, these goods shall be understood and shall not be carried out in relation to them, separately from the particular domain of property to which they access.
PARAGRAFO 1o. Pursuant to paragraph 2o. of this article, the pre-dial tax on each private property incorporates the corresponding to the common goods of the building or assembly, in proportion to the coefficient of co-ownership.
PARAGRAFO 2o. In municipalities or districts where there are georeferenced predial planes, adopted or duly approved by the competent cadastral authority, they will have precedence over the other systems for the identification of the goods listed here.
ARTICLE 17. MORTGAGE DIVISIBILITY IN THE HORIZONTAL PROPERTY. Mortgage creditors are authorised to divide the mortgages formed in their favour on buildings or assemblies under the present law, among the different private units pro rata to the value of each of them.
Once the mortgage division has been entered into the Public Instruments Registration Office, the owners of the respective private unit will be responsible, exclusively, for the obligations inherent in the respective charges.
PARAGRAFO. When there is a mortgage charge on the largest property that was submitted to the horizontal property regime, the initial owner, at the time of the sale of private units with payment of In the same legal act of transfer of domain, it must present for its protocolization, certification of the acceptance of the creditor, of the proportional lifting of the charge of greater extension that affects the private unit object of the event. The notary may not authorize the granting of this writing in the absence of the document mentioned here.
ARTICLE 18. OWNERS ' OBLIGATIONS IN RESPECT OF PRIVATE OR PRIVATE DOMAIN PROPERTY. In relation to the property of particular domain their owners have the following obligations:
1. Use them according to their nature and destination, in the form provided for in the horizontal ownership regulation, by refraining from performing any act that compromises the safety or solidity of the building or assembly, producing noise, nuisance and acts which disturb the tranquility of other owners or occupants or affect public health.
In case of commercial or mixed use, the owner or his successors in title, to any degree, may only serve the private unit for the purposes or objects agreed in the horizontal property regulation, except authorization of the assembly. The co-ownership regulation shall establish the provenance, requirements and procedures applicable to the effect.
2. Immediately execute repairs on their private property, including the networks of services located within the private good, whose omission could cause damage to the building or assembly or to the goods that make up the property, providing compensation for the damages cause your carelessness or the people you need to respond to.
3. The owner of the last floor, cannot raise new floors or carry out new constructions without the authorization of the assembly, prior to the implementation of the current urban norms. The owner of the floor under is forbidden to advance works that damage the solidity of the construction, such as excavations, basements and other, without the authorization of the assembly, prior to the implementation of the current urban norms.
4. The other provisions laid down in this law and in the horizontal ownership regulation.
OF COMMON GOODS.
ARTICLE 19. SCOPE AND NATURE. The assets, elements and areas of a building or assembly that permit or facilitate the existence, stability, operation, conservation, security, use or enjoyment of the property of particular domain, belong in common and prodiviviso to the owners of such private property, they are indivisible and, while preserving their character of common goods, are inalienable and inembargable in a separate way from the private goods, not being subject of any tax in separate form of those.
The right to these goods shall be exercised in the manner provided for in this law and in the respective horizontal property regulation.
PARAGRAFO 1o. They will have the quality of common not only the goods expressly indicated in the regulation, but all those indicated as such in the plans approved with the building license, or in the document to do their times.
PARAGRAFO 2o. Without prejudice to the provision under which the common goods are inapplicable separately from the private or private property, the horizontal property regulations of the buildings or (a) a joint venture may authorize the economic exploitation of common goods, provided that such authorization does not extend to the conduct of legal businesses which give rise to the transfer of the right of ownership of the goods. The approved holding shall be located in such a way that it does not impede the movement of the common areas, does not affect the structure of the building, nor does it contravene urban or environmental provisions. The economic consideration thus obtained shall be for the common benefit of the co-ownership and shall be used for the payment of the common building or assembly expense, or for investment expenses, as decided by the general assembly.
ARTICLE 20. DISAFFECTION OF NON-ESSENTIAL COMMON GOODS. Prior to the authorization of the competent municipal or district authorities in accordance with the current planning rules, the general assembly, with the favorable vote of a plural number of owners of private domain goods representing the seventy percent (70%) of the coefficients of co-ownership of a set or building, may affect the quality of common non-essential common goods, which will become the the particular domain of the legal person arising as the effect of the constitution on the Horizon property such.
In any case, the disaffection of parking, visitors or users, will be conditioned to the replacement of the same or greater number of parking lots with the same destination, prior to the implementation of the urban norms applicable in the municipality or district in question.
PARAGRAFO 1o. On private assets that arise as an effect of the disaffection of non-essential common goods, all legal acts or businesses may be performed, not being against the law or against the right of others, and will be the subject of all the benefits, charges and taxes inherent in the real estate property. For these purposes, the administrator of the building or assembly shall act in accordance with the provisions of the general assembly in the act of disaffection and observance of the provisions contained in the horizontal property regulation.
PARAGRAFO 2o. The rules here are not to apply to the disaffection of the movable common goods and the non-essential properties by destination or adherence, which by their nature are inapplicable. The disposal of these goods shall be carried out in accordance with the provisions of the horizontal ownership regulation.
ARTICLE 21. PROCEDURE FOR THE DISAFFECTION OF COMMON GOODS. The disaffection of non-essential common goods will involve a reform of the horizontal property regulation, which will be carried out by means of public deed with which the minutes will be written authorization of the general assembly of owners and the approvals that have been indispensable to obtain in accordance with the previous article. Once this writing has been granted, it will be registered with the Office of the Register of Public Instruments, which will open the corresponding real estate registration portfolio.
In the decision to disaffect a non-essential common good, the approval of the adjustments in the coefficients of co-ownership and contribution modules shall be understood as an effect of the incorporation of new private goods into the building or assembly. In this case the coefficients and modulus shall be calculated taking into account the criteria set out in Chapter VII of the first title of this law.
ARTICLE 22. " COMMON GOODS OF EXCLUSIVE USE. Common goods not necessary for the enjoyment and enjoyment of the particular domain goods, and in general, those whose communal use would limit the free enjoyment and enjoyment of a private good, such as terraces, covers, interior courtyards and retreats, may be exclusively assigned to the owners of the private property that can be enjoyed by their location.
Visitors, accesses and circulations and all common areas that by their nature or destination are of general use and enjoyment, such as communal halls and areas of recreation and sport, among others, may not be the object of exclusive use.
Parking for vehicles of the owners of the building or assembly may be assigned to the exclusive use of each private property owner in an equitable manner, provided that such allocation does not contrarian municipal and district standards in the area of urbanization and construction.
ARTICLE 23. SPECIAL ARRANGEMENTS FOR COMMON GOODS FOR EXCLUSIVE USE. The owners of the private property to which they assign the exclusive use of a common good, as provided for in the previous Article, shall be obliged to:
1. Do not perform any alterations or build on or under the good.
2. Do not change your destination.
3. To take charge of the repairs to be carried out, as a result of those deterioration that occur through the fault of the holder or of the locative repairs that are required for the wear and tear caused still under legitimate use, for the passage of time.
4. Pay the financial compensation for the exclusive use, as approved in the general assembly.
PARAGRAFO 1o. The necessary improvements, not included within the forecasts of the numeral 3 of this article, will be the common expense of the building or assembly, when it is not a matter of events in which it is answer the builder.
PARAGRAFO 2o. In no case will the initial owner be able to sell the exclusive right to use common goods.
ARTICLE 24. DELIVERY OF THE COMMON GOODS BY THE INITIAL OWNER. It is presumed that the delivery of common goods essential for the use and enjoyment of the private goods of a building or assembly, such as the structural elements, accesses, stairs and thicknesses, it is carried out simultaneously with the delivery of those according to the corresponding minutes.
Common goods of general use and enjoyment, located in the building or assembly, such as recreation area and sport and communal halls, among others, will be given to the person or persons designated by the general assembly or in their absence to the final administrator, at the latest when the construction and disposal of a number of private assets representing at least fifty-one per cent (51%) of the co-ownership coefficients has been completed. The delivery must include the documents guaranteeing the lifts, pumps and other equipment, issued by their suppliers, as well as the plans for the electrical, water-and, in general, public services networks. addresses.
PARAGRAFO 1o. In the case of sets or projects constructed in stages, the common goods essential for the use and enjoyment of private property shall relate to those located in each of the buildings or stages whose construction has been completed.
PARAGRAFO 2o. The common goods must match the stated in the approved project and indicated in the horizontal property regulation.
OF CO-PROPERTY COEFFICIENTS.
ARTICLE 25. LIABILITY AND EFFECTS. Any horizontal ownership regulation shall indicate the coefficients of co-ownership of the particular domain property of the assembly or building, which shall be calculated in accordance with the provisions of the present law. Such coefficients shall determine:
1. The proportion of the rights of each of the owners of private property on the common property of the building or assembly.
2. The percentage of participation in the general assembly of owners.
3. The rate of participation with which each of the owners of private property has to contribute to the common expense of the building or assembly, by means of the payment of ordinary and extraordinary quotas of administration, except where these are determined in accordance with the contribution modules in the form indicated in the Regulation.
ARTICLE 26. DETERMINATION. Except as provided in this law for specific cases, the co-ownership coefficients shall be calculated based on the private area constructed of each particular domain, with respect to the total private area of the building or set.
The free private area will be determined explicitly in the horizontal property regulation, in proportion to the private area built, indicating the weighting factors used.
PARAGRAFO. To calculate the coefficient of co-ownership of parking and depots, the private area and destination factors can be weighted.
ARTICLE 27. CALCULATION FACTORS IN MIXED-USE BUILDINGS OR ASSEMBLIES AND IN COMMERCIAL ASSEMBLIES. In mixed-use buildings or assemblies and in those intended for trade, the co-ownership coefficients are calculated according to an initial value which represents an objective weight between the private area and the destination and characteristics thereof. Horizontal ownership regulations shall clearly and accurately express the weighting criteria for the determination of the co-ownership coefficients.
PARAGRAFO. The referred initial value does not necessarily have to match the commercial value of the particular domain assets.
ARTICLE 28. MODIFICATION OF COEFFICIENTS. The general assembly, with the favorable vote of a plural number of owners representing at least seventy percent (70%) of the coefficients of co-ownership of the building or assembly, may authorize reforms to the horizontal property regulation related to modification of horizontal property coefficients, in the following events:
1. When arithmetic errors were incurred in their calculation or the legal parameters for their fixation were not taken into account.
2. When the building or assembly is added with new private property, the product of the disaffection of a common good or of the acquisition of other goods that are annexed to it.
3. When the horizontal property is extinguished in relation to a part of the building or assembly.
4. When the destination of a particular domain good is changed, if this was taken into account for the fixing of the co-ownership coefficients.
OF THE CONTRIBUTION TO COMMON EXPENSES.
ARTICLE 29. PARTICIPATION IN THE NECESSARY COMMON EXPENSES. The owners of the private property of a building or assembly shall be obliged to contribute to the payment of the necessary expenses caused by the administration and the provision of common services essential for the existence, security and conservation of common goods, in accordance with the horizontal ownership regulation.
For the purpose of ordinary common expenses, there will be solidarity in your payment between the owner and the holder for any title of private domain property.
Similarly, there will be solidarity in your payment between the previous owner and the new owner of the respective private property, in respect of the common expenses not paid by the former, at the time of the transfer of the right of domain.
In the writing of the domain transfer of a property subject to horizontal property, the notary shall require peace and save from the contributions to the common expenses issued by the Legal Representative of the co-ownership.
In case of not counting on the peace and except, it will be recorded in the writing of such circumstance, of the respective application submitted to the manager of the co-ownership and of the solidarity of the new owner for the debts that exist with the co-ownership.
PARAGRAFO 1o. When the domain of a private property belongs in common and prodiviviso to two or more persons, each of them shall be jointly and severally liable for the payment of all the corresponding common expenses to the said good, without prejudice to the repetition of what has been paid against their community members, in the proportion that corresponds to them.
PARAGRAFO 2o. The obligation to contribute in a timely manner to the building or assembly's common expenses is applied even if an owner does not occupy his/her private property, or does not make effective use of a particular good or service. common.
PARAGRAFO 3o. In residential and office buildings, owners of particular domain property located on the first floor will not be required to contribute to maintenance, repair and replacement of lifts, when to access their parking lot, deposit, other private goods, or common goods for use and general enjoyment, there is no lift service. This provision shall apply to other buildings or assemblies, where the relevant horizontal property regulation (d) so provides.
ARTICLE 30. delay in the payment of the expense will cause default interest, equivalent to one and a half times the current banking interest, certified by the Banking Superintendency, without prejudice to the General assembly, with a quorum that points to the horizontal property regulation, establishes a lower interest.
As long as this breach exists, such a situation may be published in the building or assembly. The minutes of the assembly shall include the owners who are in arrears.
PARAGRAFO. The publication referred to in this article can only be made in places where there is no constant transit of visitors, ensuring their due knowledge on the part of the co-owners.
ARTICLE 31. CONTRIBUTION SECTORS AND MODULES. Regulations for the horizontal ownership of commercial or mixed buildings or assemblies shall provide for the sectorisation of communal goods and services which are not intended for use and general enjoyment of the owners of the private units, due to their nature, destination or location.
The necessary common expenses related to these particular goods and services shall be borne by the owners of the private property of the respective sector, who shall bear in accordance with the respective contribution modules, calculated in accordance with the rules laid down in the horizontal ownership regulation.
The resources of each contribution sector shall be specified within the annual budget of building or assembly, set of commercial or mixed use and shall only be able to cover the amounts inherent in its specific destination.
OF THE HORIZONTAL PROPERTY AS A LEGAL PERSON.
ARTICLE 32. OBJECT OF THE LEGAL PERSON. The horizontal property, once legally constituted, gives rise to a legal person formed by the owners of the particular domain property. Its purpose will be to correctly and effectively manage common goods and services, manage the issues of common interest of the private property owners and enforce and enforce the law and the horizontal property regulation.
PARAGRAFO. For the purpose of billing the public services to common areas, the legal person who arises as an effect of the constitution to the horizontal property regime may be considered as (a) a single user vis-à-vis the undertakings providing the same, if so requested, in which case the recovery of the service will only be based on the reading of the individual meter which exists for the common areas; in the absence of such a meter, will be charged according to the difference of the consumption that records the general meter and the sum of the individual meters.
The horizontal properties that, at the date of entry into force of this law, do not have an individual meter for the private units that make up the present law, will be able to install them if approved by the general assembly with the favorable vote of a number plural private property owners representing the seventy percent (70%) of the respective building or set coefficients.
ARTICLE 33. NATURE AND CHARACTERISTICS. The legal person originated in the constitution of the horizontal property is of a non-profit nature. Its name will correspond to that of the building or assembly and its domicile will be the municipality or district where it is located and will have the quality of non-taxpayer of national taxes, as well as of the tax of industry and commerce, in relation to with the activities of its social object, in accordance with the provisions of Article 195 of Decree 1333 of 1986.
PARAGRAFO. The destination of some goods that produce income for common expenses, does not detract from the quality of a non-profit legal person.
