The list of penalties you can receive for violating the rules in residential complexes: fines and more
In the context of cohabitation in horizontal properties, sanctions play a crucial role in maintaining order and respect among co-owners and residents.
These measures, contemplated in the internal regulations and supported by current legislation, seek to ensure that the standards of conduct and use of common areas are respected.
Proper enforcement of these provisions helps preserve harmony within residential and commercial communities, ensuring a fair and equitable environment for all involved.
Sanctions play a crucial role in maintaining order and respect. Photo: iStock
According to Article 18 of Law 675 of 2001, the following are some of the obligations of property owners. The remaining regulations are established by the owners themselves and by the PH Regulations and Coexistence Manual, according to information from Notary Public No. 19 of Bogotá:
"In relation to privately owned property, its owners have the following obligations":
- "Use them in accordance with their nature and purpose, in the manner provided for in the horizontal property regulations, refraining from performing any act that compromises the safety or solidity of the building or complex, producing noise, causing disturbances, or performing acts that disturb the peace of other owners or occupants or affect public health."
In the case of commercial or mixed-use properties, the owner may only use the private unit for the purposes or purposes agreed upon in the horizontal property regulations, unless authorized by the assembly.
- "Immediately carry out repairs to their private property, including service networks located within the private property, the omission of which may cause damage to the building or complex or to the assets comprising it, compensating for any damage caused by their negligence or that of the persons for whom they are responsible."
- "The owner of the top floor may not build new floors or carry out new construction without the authorization of the assembly, subject to compliance with current urban planning regulations. The owner of the ground floor is prohibited from carrying out any work that would impair the solidity of the building, such as excavations, basements, and the like, without the authorization of the assembly, subject to compliance with current urban planning regulations."
There are rules established by the owners, through the PH Regulations and the Coexistence Manual. Photo: iStock
According to the specialized website Mis Abogados, the most common sanctions in condominiums that residents face are:
- Fines: according to article 59 of Law 675 of 2001, these will be given "as long as the non-compliance persists, which may not exceed, each one, two (2) times the value of the necessary monthly expenses, borne by the offender, on the date of its imposition, which, in any case, added together may not exceed ten (10) times the necessary monthly expenses borne by the offender."
- Suspension of services: refers to the interruption of access to non-essential services, such as the use of the shared parking lot, individual lockers at the gatehouse, or non-essential common areas such as the pool or gym. However, under no circumstances may residents' access to the condominium be restricted, nor may traffic through common passageways or access areas be restricted.
- Publication of the penalty: In the event of noncompliance with financial obligations (administration fees), the offender's name may be published in a visible location within the condominium. It is important to note that, before publication, the defaulting debtor must be notified, giving them the opportunity to correct or update their situation.
Penalties or fines may be determined by the co-owners' meeting. Photo: iStock
According to the Ministry of Justice, the following process must be followed to obtain sanctions or fines:
- The offender must be notified in writing by the building management of the violation. If the behavior can be corrected, they will be given a period of time to do so. Otherwise, they will be summoned to present their defense.
- The conduct to be sanctioned must be clearly specified in the condominium regulations or in the cohabitation manual, if one exists, to ensure that the sanctions have legal backing. Furthermore, the regulations must detail the sanctioning process to be followed.
- Penalties or fines may be determined by the assembly of co-owners, or by the board of directors, if the horizontal property regulations grant it that power.
The Ministry of Justice explains due process in sanctions. Photo: iStock
LATEST NEWS EDITORIAL
eltiempo
