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Law 13512
HORIZONTAL PROPERTY
It incorporates into the Civil Code the Horizontal Property Regime.
Sanction: 30/09/1948.
Bs. As. 13/10/1948
B.O.: 18/10/1948
Art. 1 - The different floors of a building or different departments of the same floor or departments of a single-storey building, which are independent and which have access to the public road directly or by a common passage may belong to different owners, according to the provisions of this law. Each apartment or apartment can belong in condominium to more than one person.
Art. 2° - Each owner will be the exclusive owner of his flat or flat and co-owner on the ground and on all things of common use of the building, or indispensable to maintain its security. They are considered common for that reason:
(a) The foundations, master walls, ceilings, solar patios, porches, galleries and common halls, stairs, entrance doors, gardens;
(b) The central facilities and facilities, such as heating, hot or cold water, cooling, etc. ;
(c) The premises for the accommodation of the doorman and doorman;
(d) The partitions or walls of the different departments;
(e) Lifts, lifts, waste incinerators and in general all existing devices or facilities for common benefit services.
This enumeration is not taxative.
The basements and rooftops will reveal the character of commons, except convention on the contrary.
Art. 3°- Each owner may use the common property in accordance with his or her destiny, without prejudice to or restricting the legitimate right of others.
The right of each owner to the common property shall be proportional to the value of the department or flat of his or her property, which shall be fixed by agreement of the parties or failing by the real estate for the purpose of the tax or tax contribution.
The rights of each owner in the common goods are inseparable from the domain use and enjoyment of their respective department or flat. In the transfer, tax or embargo of a department or flat, these rights shall be understood, and these acts may not be carried out in relation to them, separately from the floor or department to which they access.
Art. 4°- Each owner may, without the consent of others, dispose of the apartment or department that belongs to him, or constitute real or personal rights over him.
Art. 5° - Each owner will attend to the maintenance and repair costs of his or her own apartment or department, all innovation or modification that may affect the security of the building or the common services being prohibited.
It is forbidden to change the external shape of the front or decorate the outer walls or squares with tonalities other than those of the set.
Art. 6°- Each owner and occupant of the departments or floors is prohibited:
(a) Destining them for uses contrary to morals or good customs or for purposes other than those provided for in the regulations of co-ownership and administration;
(b) To disturb with noises or in any other way the tranquility of the neighbors to exercise activities that compromise the security of the property, or to deposit dangerous or harmful goods to the building.
Art. 7°- The owner of the last floor cannot elevate new floors or perform constructions without the consent of the owners of the other departments or floors to the ground floor or subsoil it is forbidden to do works that damage the solidity of the house, such as excavations, basements, etc.
Any new work affecting the common property cannot be done without the authorization of all owners.
Art. 8°- Owners are charged in proportion to the value of their flats or departments, except convention to the contrary, the expense of administration and repair of the common parts and goods of the building, indispensable to maintain in good condition their security conditions comfort and decorum. They are bound in the same way, to contribute to the payment of the insurance premiums of the common building and to the expense due to innovations arranged in those parts and common goods by resolution of the owners, in order to obtain their improvement or use and enjoy more comfortable or of greater income.
When the innovations ordered by the owners are, in the opinion of any of them, of excessive cost, or contrary to the regulation or the law, or detrimental to the security, solidity, health, destination or architectural aspect outside or interior of the building, they may be the object of a claim made to the judicial authority, and resolved by the procedure for the interdiction of new work, but the resolution of the majority will not be for that reason suspended without an express order of that authority.
Any of the owners, in the absence of the administrator and not mediating opposition from the others, previously warned, may make necessary expense for the conservation or repair of common parts or goods entitled to be reimbursed. Any of the owners may also perform the necessary and urgent repairs without meeting the above requirements, and may claim reimbursement to the extent that they are useful. In your case, you may order to restore things to your former state at your expense.
No landlord may be freed from contributing to the common expense by waiving the use and enjoyment of common goods or services or by abandoning the apartment or department that belongs to him.
Art. 9° - As the owner consortium is established, it must agree to and draft a regulation of co-ownership and administration by act of public writing that will be registered in the Property Registry. Such rules may be amended only by a decision of the owners, by a majority not less than two thirds. This modification must also be recorded in public writing and registered in the Property Registry.
The regulations must provide, at least to the following points:
(a) Designation of a representative of the owners, who may be one of them or a stranger, who will have the power to administer the things of common use and to provide the collection and use of the funds necessary for this purpose. The representative may elect and fire the staff of the house;
(b) Determine the representative ' s pay bases and the form of his removal; if appropriate, the substitute for public writing;
(c) The form and proportion of the contribution of owners to common expenses or expense;
(d) The way to convene the meeting of owners if necessary, the person who will preside over the meeting, the majorities necessary to modify the rules of procedure and adopt other resolutions, not dealing with the cases in which this law requires a special majority.
Art. 10. - Issues of common interest that are not within the powers conferred upon the representative of the condominiums shall be resolved, after the deliberation of the owners, by a majority vote. These will be computed; in the manner prescribed by the rules and, in the absence of such rules, each owner shall be presumed to have a vote. If a flat or apartment belonged to more than one owner, the representation will be unified. When the meeting of the required majority of owners is not possible, the judge will be requested to convene the meeting, which will be held in his presence and will be authorized to take urgent action. The judge must decide in a very large manner, without more procedure than a hearing and must cite the owners in the manner that is procedurally appropriate in order to listen to them.
Art. 11. - The representative of the owners will act in all the arrangements with the administrative authorities of any kind, as the legal and exclusive president of those.
It is also forced to secure the building against fire.
Art. 12. - In case of total or partial destruction of more than two thirds of the value, any of the owners may request the sale of the land and materials. If the majority did not resolve it, the judicial authority could be appealed. If the destruction is lesser, the majority may force the minority to contribute to reconstruction, being authorized, in the event of refusal to do so, to acquire the part of the minority, according to judicial valuation.
Art. 13. - Taxes, fees or enhancement contributions will be charged to each owner independently. To this end, individual valuations will be performed, at the same time computing the undivided proportional part of common goods.
Art. 14.- The land on which the building of different owners is settled may not be mortgaged if the mortgage does not cover the property and if it does not have the conformity of all the owners. Each apartment or apartment can be mortgaged separately, and the set of floors or departments, by the will of all owners.
Art. 15.- In the event of a violation by any of the owners or occupants, of the rules of art. 6°, the representative or the affected owners shall make the corresponding complaint to the competent judge and accredited in summary judgment the violation, the guilty person shall be liable to the penalty of arrest for up to twenty days or fine for the benefit of the Fisco, of two hundred to five thousand pesos.
The judge shall also make the necessary arrangements for the cessation of the offence by ordering the search for the domicile or the use of the public force if necessary.
Without prejudice to the provisions set forth above, if the offender was an unowned occupant, he or she may be evicted in the event of recidivism. The respective action may be exercised by the representative of the owners or by the affected owner.
The application of these penalties shall not prejudice the exercise of the compensatory civil action that competes the affected owner or owners.
(Note Infoleg: by art. 1 Resolution No. 497/1991 of the Supreme Court of Justice, B.O. 02/05/1991, the amount set out in this article is updated in ▪ 302.558,03. Watch: The readjusted amounts will govern from the publication of the present in the Official Gazette. Previous updates: Resolution 1441/1990 of the Supreme Court of Justice, B.O. 21/11/1990; Resolution 1663/1990 of the Supreme Court of Justice, B.O. 02/01/1991; Resolution 6/1991 of the Supreme Court of Justice, B.O. 08/02/1991; Resolution 93/1991 of the Supreme Court of Justice, B.O. 28/02/1991; Resolution 243/1991 of the Supreme Court of Justice, B.O. 26/03/1991).
Art. 16.- In the case of vetustez of the building, the majority representing more than half of the value can resolve the demolition and sale of the land and materials. If the reconstruction was resolved, the minority could not be forced to contribute to it, but the majority could acquire the part of the dissent, according to judicial valuation.
Art. 17. - The obligation of the owners to contribute to the payment of the total insurance premiums and expenses of the building always follows the domain of their respective floors or departments in the extension of the art. 3266 of the Civil Code, even with respect to those accrued before their acquisition; and the respective credit enjoys the privilege and rights provided for in the Articles. 3901 and 2686 of the Civil Code.
Art. 18. - For the purposes of this Act, arts are repealed. 2617, 2685 "in fine" and 2693 of the Civil Code, as well as any other provision that opposes the status of this law.
Art. 19.- The Executive Power shall regulate this law by establishing the registration requirements in the Property Registry of the titles to which it refers, form of identification of the floors or departments, plans to be accompanied, etc.
Art. 20. - Contact, etc.
Decree 31815
Bs. As. 13/10/1948
B.O.: 18/10/1948
TANTO:
Please follow the National Law, fill in, report, publish, give to the General Directorate of the National Register and archvese. - PERON - Belisario Gache Pirán.
