What are the responsibilities of a residential complex manager, according to the law?

As the years go by, the housing construction phenomenon is growing and Colombia is no exception to the rule. It is estimated that 60% of the country's population lives in horizontal properties , which range from small buildings to complexes of more than 500 residential units.

In fact, in cities like Bogotá, the 2018 Real Estate Census revealed that nearly 70% of the properties in that capital are in horizontal property, which explains the accelerated growth that this concept of cohabitation and property rights has had among the inhabitants in recent years .

Aerial view of northern Barranquilla. Photo: Archive/EL TIEMPO

Thus, Article 50 of Law 675 of 2001 establishes that: "The legal representation of the legal entity and the administration of the building or complex will correspond to an administrator appointed by the general assembly of owners in all buildings or complexes."

Thus, all administrators who are chosen will be liable for damages "that they cause to the legal entity, the owners or third parties due to negligence, slight or serious fault . The administrator's slight fault will be presumed in cases of non-compliance or overstepping of his or her functions, violation of the law or of the horizontal property regulations."

What are the functions of the administrator?

Who should pay for the repairs in an apartment? Photo: Private archive

According to article 51 of the aforementioned law, the administration of the building or complex will be in charge of the administrator, who has "powers of execution, conservation, representation and collection."

Among them, it must fulfill the following basic functions:

Call the assembly to ordinary and extraordinary meetings: submit for approval the inventory and general balance sheet of the accounts of the previous fiscal year, and a detailed budget of expenses and income corresponding to the new annual fiscal year, including insurance premiums.
Directly or under his/her dependency and responsibility, keep the books of the minutes of the assembly and the registry of owners and residents.
Keep the accounting of the building or complex under his/her authority and responsibility.
To care for and monitor common property , and carry out acts of administration, conservation and disposal thereof in accordance with the powers and restrictions established in the horizontal property regulations.

Apartment for sale in Medellin Photo: EL TIEMPO

To collect and raise, directly or through representatives, ordinary and extraordinary fees , fines, and in general, any monetary obligation charged to the owners or occupants of privately owned property of the building or complex.
Notify the owners of private property, by the means indicated in the respective horizontal property regulations, of the sanctions imposed against them by the general assembly or the board of directors, as the case may be, for failure to comply with obligations.
Issue the clearance of accounts with the administration of the building or complex each time there is a change of holder or owner of a privately owned asset.

According to the Ministry of Housing , the general assembly is made up of all the owners of the properties that make up the co-ownership, who will have the right to participate in its meetings and to vote in it.

Finally, it is considered necessary to point out that in accordance with article 58 of Law 675 of 2001 , any conflict that may arise between owners or tenants of the building or complex may be resolved by going to the co-ownership coexistence committee.